A fundamentação jurídica da judicialização da saúde de pacientes oncológicos em Belo Horizonte

Objective: the present work aims to identify the legal basis used by lawyers in the initial petitions, the result of the requests for injunction and the outcome of the lawsuit of lawsuits filed from 2014 to 2020 by patients who were diagnosed with malignant neoplasia undergoing treatment in the Belo Horizonte public health system from 2014 to 2019. Methodology: cross-sectional descriptive study with data collection through the application of a questionnaire to the legal proceedings of patients with breast, prostate, lung and colon cancer, which were chosen because they are the most common in the population and brain cancer because it is frequent in judicialization. Results: 25 pinces of legislation and 125 different legal provisions were found. Around 99% of the actions are based on Federal Constitution of 1988CF/88, followed by case law (88%) and Law 8,080/90 (71.3%). The most used legal provisions were art. 196 of Federal Constitution of 1988, which appeared in 96.2%, followed by article 6 (62.7%). In 70.2% of the legal actions, the last result of the demand was favorable to the request for the initial petition of the process. Conclusion: The legal basis for the actions was general, following the precept of health as a right for all and a duty of the state. In this way, the legal argument is built on the concept that the constitutional guarantees of the right to life and human dignity override any other argument thet permeates political and/or material interest that may be argued by the Public Administration. Submitted: 09/12/24| Revision: 01/21/25| Approved: 02/25/25