Judicialização da saúde do idoso: relatório de pesquisa propositiva

Abstract

Introduction: In a country where the aging process has accelerated, the elderly person's lack of access to health goods has led to an increase in the phenomenon of judicialization. Objectives: to prepare an article aimed at the scientific community to be submitted to an electronic journal and a final report of research that will be delivered in the General Protocol of the State Department of Health of the Federal District (SES-DF), where it will be inserted in the Electronic Information System , within the scope of the Federal District Government, with restricted access level, to the Secretary of Health, who present the characteristics and results of actions proposed before the Federal District Court and the Territories, the elderly or their legal representative residing in the Federal District and the Integrated Development Region of the Federal District and Surroundings (RIDE), in 2017, aimed at publicly coping with their health problems; as well as describe the behavior of the Judiciary, in the decisions of first instance, before the Judicialization of the health of that part of the population. Products developed: article titled "Judicialization of the health of the elderly: situational analysis" aimed at the scientific community and the report called "Final Report of Research on the Judicialization of Elderly Health in the Federal District" directed to all the actors involved in this phenomenon. Methods: a cross - sectional study was carried out by means of the survey of secondary data obtained in physical processes, inherent to TJDFT. Initially, 833 cases were filed referring to the year 2017, then they were separated according to the pre-established criteria in the research project, establishing the potential universe in 192 processes. A pilot test was applied using a form developed for this purpose. The test was validated in a sample of 5.2% of the processes. Results: Judicialisation is caused by elderly men (54.7%) between 60 and 69 years old (55.21%) with diagnosis of neoplasias (50%). The acquisition of drugs (32.61%) was the main demand totaling R $ 6,412,375.72. Public defenders (92.2%) led most cases. In all the cases, there were decisions that granted provisional protection, being fulfilled only 54.7%. In a little more than 25% of the processes, the blocking and sequestration of public funds was adopted. There were extinguished cases without resolution of merit (4.2%) due to the death of the plaintiff in the course of the action. In most of the sentences (84.9%), the judge ratified the guardianship and resolved the merits condemning the DF. Conclusion: the results corroborate with some records published in the national literature as the predominance of lawsuits inherent to the acquisition of medicines. Deferred provisional tutelages were ratified in the sentences.