Comparation between the legal and actuarial perspective about the impacts of health judicialization in Brazil

Abstract

Because of the ineffectiveness of the health system in Brazil, citizens file lawsuits for access to medicines, and this has negative consequences for both the legal and actuarial context. In the legal area, the main one to discuss is the interference of the judiciary in the legislative power, interfering in the principle of harmony between the powers. In the case of private health operators, the main consequence is the expense that was not foreseen in the value of the plan, which may cause insolvency, failing to reach the social function of the contract.

Although health is a fundamental right, then, a confrontation between the fundamental right of health and the scarcity of budget resources. Revenue is not sufficient for total health care expenditures. The objective of this qualitative research is to analyze the current situation of the judicialization of health in Brazil, by comparing the study of the legal and actuarial perspective on the subject and to observe the view of the judiciary and health professionals on the current situation of Brazilian health. The priority of individual treatment over the collective right to health is taking place, and resources are becoming scarcer, because the values ​​for individual treatments are higher than for the maintenance of the collective right. Thus, urgent action must take in the face of this unstable health scenario rather than a financial and legal crisis in this sector.

Keywords: Brazilian judicialization; Brazilian health; Law