Análise dos acórdãos proferidos pelo Tribunal de Justiça de Minas Gerais em resposta as demandas por tratamento odontológico no Sistema Único de Saúde

Abstract

RIGHT, JUSTICE AND HEALTH JUDICIALIZATIONThe right to health is a social right provided by our constitution, essential in the well-being and dignity of the human being. The aim of this study is to analyze the requests for dental treatments in the in the Brazilian Public Health Care System of Minas Gerais state (SUS-MG) in the judiciary, to know their characteristics, as well as the legal, principle and biological argumentation (characterized by the SUS patient need) used by the judges in the elaboration of their decisions. A survey was made of the judgments listed on electronic sites given by the Minas Gerais Court of Justice in the period from 2006 to 2016, resulting in 27 judgments adequate to the study, denoting that the actions were postulated individually, with 93% success in favor of users, and in 88% of the actions were submitted reports or requisitions. The main complaints that originated the requests for dental treatment were grouped into five groups. The most requested dental treatments were surgery for the placement of implants (07 judgments), followed by the orthodontic appliance (05 judgments). The legal basis was based on 1988 Constitution for theoretical justification, and the article 196 was the most cited, among 25 of the 27 judgments. In the reasoning based on the principle argument, the right to health was the most used (25,3%), strengthening this social right, followed by the principle of the dignity of the human person (15,2%) , the principle of reserve as possible (12,6%) and the right to life (10,1%). Justice has been sought as an alternative to access to health services, but the demand for resolution of lides in the dental area is still small.