Efetivação das medidas executivas nas ações de saúde

Abstract

The present research proposes to analyze, from the perspective of the realization of the right to health, ways of how to effect this right through the judicial branch. It is observed that there is a high number of health demands, given that access to justice has been enhanced and the population uses the Judiciary to repair the violations they have been suffering. Thus, the Judiciary is forced to decide, fulfilling its role of delivering the answer to the jurisdiction and, once decided, is obliged to implement the right. Based on these premises, this article intends to verify not about the possibility or not of the right to health, because it is an issue pacified by the higher courts, but how to make it effective. The problem that surrounds the subject, many times, is how to realize the right to health. Therefore, the specific objectives focuses on analyzing the theory of effectiveness in the Civil Procedure Code, discriminating which would be the typical and atypical executive means acting as instruments for the realization of the right to health. Also, the present research intends to verify, from data collected from the 4th Federal Court of Rio Grande do Norte, the effectiveness of executive measures in health actions. For this purpose, the methodology covered will be quantitative research, with data collection from the 4th Federal Court of Rio Grande do Norte, in order to verify ways to bring enforceability in the executive means used to ensure compliance with decisions in health actions, and and qualitative, through a bibliographic review on the subject in order to analyze the numbers collected, and as a method of hypothetical-deductive approach. As a result, it was concluded that there is a time lag between the decision granting the preliminary injunction to guarantee the plaintiff's right to health and the effective delivery of the right to the party claiming protection. Finally, it was found that in order to ensure a greater degree of effectiveness in complying with judicial decisions handed down in health demands, it is necessary to have a procedural standard capable of assisting the judicial units involved, as well as to optimize the compliance with the judicial order by defendant public entity, granting a better dialogue between the procedural actors involved.