Abstract
Objective to identify the reasons that led to the judicialization of health care in the context of the COVID-19 pandemic; describe the outcomes of lawsuits concerning health care involving the COVID-19; and analyze the cases of health care judicialization intended to ensure the population’s right to health.Method qualitative, explanatory case study. Data were collected from the websites of the Federal Prosecution Service, Regional Labor Court (1st Region), and the Court of Justice of Rio de Janeiro. The inclusion criterion was public civil actions that concerned health care and situations involving the COVID-19 pandemic. Two categories emerged from data analysis.Results four cases were identified.Conclusion the judicialization of health care consists of obtaining assets and rights in the courts. These assets and rights are essential to ensure the health of citizens but have been denied in various instances, often due to the omission of the executive and legislative powers. Analyzing the judicialization of health care amidst the pandemic brings focus and highlights the importance of giving voice and visibility to the enormous contingent of the Brazilian society unassisted by public authorities.
Highlights
Health is generally conceived as the greatest asset of human beings
The judge understood that the stir involving the disease lies in the fact that it causes an exponential increase in the demand for health services, so that the public system – whether in its public or private branch – is not capable to provide appropriate care, as it would involve consultations and medical diagnoses, and Intensive Care Unit (ICU) hospitalization for the most severe cases with the provision of mechanical ventilators, which are currently very scarce
It claimed there was a lack of protective equipment (PPE), and for this reason, many health workers had been contaminated with COVID-19, exponentially raising the risk of illness
Summary
Health is generally conceived as the greatest asset of human beings. Such understanding is based on the fact that, in the absence of health, one cannot remain active and functioning in society.The concept of health involves objective and subjective aspects. Health is generally conceived as the greatest asset of human beings. Such understanding is based on the fact that, in the absence of health, one cannot remain active and functioning in society. The concept of health involves objective and subjective aspects. In this sense, it is characterized as a balance between human beings and the environment, enabling people to play their social, familial and occupational roles, a situation in which physical, biological and psychosocial aggressors are either contained or eliminated[1]. From the perspective of its objectivity, health is the expression of quality of life, resulting from one’s eating habits, housing, education, income, environment, work, transportation, employment, leisure, freedom, access to and possession of land, and access to health services. The results of the social organization of production may generate inequalities in terms of living standards, leading to illness, sequelae, and even death[2]
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