The right to health: a demand for supplements in the Court of Justice

Abstract

ABSTRACT

This study aimed at understanding how the Mato Grosso Court of Justice contributes to the right to health, by working as the mediator for the demands of people and/or families for supplemental health care. The objective was to identify the origin, reason, object in demand and the subject making the request, as well as determining how the demand was resolved in regards to the legal decision made. This qualitative study is based on documental research. Of the 28 analyzed decisions, 92.8% (26) requested food, and 7.1% (2) required glucose test strips. The judge endorsed the request in 96.5% (27) of the cases, referring to the Federal Constitution in the discourse regarding the right to health, and using the medical prescription as legal evidence. The referred prescriptions mention commercial brands in 100% (28) of the cases, and pediatric food allergy is the main reason for the demand (17.8%) (5). Most diseases considered to be chronic health conditions demand continuous and prolonged care, and the timely character of legal decisions do not contribute much to the equality and comprehensiveness of health care.

Descriptors: Right to Health, Judicial Decisions, Chronic Disease, Dietary Supplement.