Judicialização do acesso ao tratamento oncológico e efetivação do direito constitucional à saúde: a particularidade do Hospital do Câncer I no segundo decênio do século XXI

Abstract

The theme of this thesis is the judicialization of access to cancer treatment at the Cancer Hospital I of the National Cancer Institute. Since the Federal Constitution of 1988, there has been a change in the way the envisaged rights are viewed, since, once constitutionally provided for, a fundamental right can be required, including through legal action. The Constitution brought significant advances from the conception of a universal and free health policy, materialized in the SUS, the brasilian unified health system. From this change in the way fundamental rights are treated in Brasil, and the expansion of the population's access to judicial organizations, the process of judicialization of health in Brazil begins to gain prominence. The neoliberal adjustment that follows leads to a scrapping of health policy, deepening the movement to seek legal solutions as a way to make up for omissions or the State's inefficiency in the sphere of social policies. Therefore, the proposed debate raises reflections on judicialization in the health area, taking the Brazilian case as an example, taking into account its specificities, shaped by a peripheral insertion in the capitalism. The work sought to contemplate, for the fulfillment of the proposed objectives, the debate on “social issue” and poverty, social formation in Brazil and a brief trajectory of access to health in the country, in addition to presenting elements for reviewing the judicialization, going through the debate on the right in capitalism and the way in which social work is inserted in this context. As part of the proposed study, with the objective of analyzing the population's access to cancer treatment at Hospital do Câncer I through judicialization, an exploratory research was carried out, using quantitative and qualitative methodological procedures, based on the survey of cases of users who accessed the treatment by judicial means in selected clinics of the hospital, between January 2010 and December 2019. In this way, it was possible to draw a socioeconomic and illness profile of this public, and of the judicialization itself, from the information collected.