Periculum in mora: judicialization of access to health services as an expression of the contradictions of capital in the actions of the Brazilian State.
Judicialization of the Health; Right; Justice; Contradictions; State.
This study aims to understand the phenomenon of health judicialization in Brazil, as a result of the contradictions between the interests of capital and the struggle for the realization of the right to health and its normative constructions of recognition of health as a right based on the principles of universality and completeness. Its purpose is to map and analyze the effects of health judicialization in health planning, forecasting and budget programming based on the reality of the Municipal Health System of Caicó / RN. From the perspective of analyzing the potential of fulfilling the social function of the Judiciary when judging a process in defense of the realization of the right to health, understanding that health is a transindividual right. It is a bibliographical and documentary research of a qualitative nature. In this sense, it will prioritize the technique of content analysis of the entire content of the lawsuits filed in the years 2015 and 2016 in the Special Civil Courts of the County of Caicó against the Municipality headquarters, as well as requires analysis of the Annual Health Management Reports, Municipal Plans and Budgetary Laws for the years 2015, 2016 and 2017.