Os juízes diante da judicializção da saúde: o NAT como instrumento de aperfeiçoamento das decisões judiciais na área da saúde
Carregando...
Arquivos
Data
2012-03
Orientador(res)
Ribeiro, Leandro Molhano
Métricas
Título da Revista
ISSN da Revista
Título de Volume
Resumo
With the growing number of requests for medical treatments through lawsuits, the judiciary found itself in the difficult function of deciding relevant and urgent issues for which it hadn't the technical knowledge necessary. The phenomenon called 'judicialization of health' has been a cause for concern because the high spending on these requested medication, as a result of these actions, interfere directly in funds for other public policies and brings up a discussion of the constitutional right to health; that in this respect is guaranteed to those who had access to the legal system. In seeking to provide assistance to judges when deciding on these actions, the Court of the State of Rio de Janeiro in cooperation with the Department of Justice of the State of Rio de Janeiro implemented the Technical Assistance Center (NAT, Portuguese acronym) in health related lawsuits . This center consists of health care professionals, that analize in detail the requests, bringing then an opinion. This paper aims to explain about the operation of the Center and to demonstrate if this technical support really works as a tool for improving judicial decisions in health care. The approach to achieve our goal which is through concept, doctrine and characteristics of Judicialization of health.In a second plan we work information about the NAT, dealing with its creation, purpose, allocation, dynamic, and with greater focus of its actions and expansion. Finally, our goal is to describe in more detail, the action of NAT related to how much medication is requested through court, what kind, how much is their spending on them and the opinion of attorneys, judges and district attorney involved in this area about the operation of the NAT.