A judicialização da política pública de saúde e as consequências causadas por seu impacto financeiro no município do Crato / CE : desafios e estratégias de cooperação dos gestores locais.

Abstract

The politic judicialization runs directly from planning failures and in the execution of the public politics. Its financial cost can result in substantial consequences to the Public Administration. Knowing that, the present thesis proposes to investigate the phenomenon of the health judicialization in the City of Crato/CE, with the finality to know its consequences, in particular those who run from the financial impact of the judicial demands of health in the ambit of the local public administration. The problem to be answered is to know what the consequences are caused by the financial impact of the health judicialization in the City of Crato/CE. The general objective from this work consists in verify what are the consequences that the financial impact from the judicial acts of health caused to the City of Crato/Ce, and as specific objectives: (i) analyze the public politics of health to the light of the subsidiarity principle; (ii) to verify what is the relation existent between the fundamental right of health and the dignity of the human person; and (iii) to search next to the City Hall of Crato/CE the health judicial acts, specially, those destined to the supply of medication, filled against this municipality, either as single triggered or as passive litisconsort with the superior federated entities (Union and States). To respond the proposed problem it was realized a survey of the health acts filled in the period of 2012 to 2015. The utilized methodology was the survey of official data existents in the City Hall and in official websites of the Count Court of the State of Ceará and the System of Information about the Public Budget in Health from the Health Ministry (SIOPS). As method of approach it was utilized the hypothetic-deductive. With the survey data, it was possible to know and point the most important consequences from the financial impact, which runs from the judicial demand of health, and what caused to the local system management and to the municipal govern as a whole. Its evaluated that a necessary measure and sustainable to face the generated problems caused by those consequences it is the adoption of a new vision of management, with resolutive action of planning and systemic management, from the integration of different sectors (intern and extern) that in some way is related to the local health system to form a work net composed by all the actors that to it belongs (sectors), among which the justice system (Magistrate, Public Ministry, Public Defender and OAB), suppliers, doctors public hospitals and agreed, the organized civil society and the user. At the end, worsts to point that this thesis it is inserted in the line of research of public politics from the Masters and Doctorate Degree Program in Law from UNISC and identifies with the project of developed searches by the orienteer, to emphasize the local management and its public politics.