JURISPRUDENTIAL ANALYSIS ON PUBLIC HEALTH IN THE STATE OF GOIÁS: According to arts. 6, 196 to 200 of the CF/88 Marcelito Lopes Fialho

Abstract

Brazil undergoes through delicate moments in the areas of health, education, security and other rights that the population have acquired with the Brazil´s Constitution of 1988. However, what most affects the brazilian people at the moment is the health system. Many people seek treatment in clinics, polyclinics and public hospitals, assisted by the Sistema Único de Saúde - SUS - and cannot get a decent care. The purpose of this article is to point out the decisions of the magistrate’s conclusion, of the Court of Justice of the State of Goiás, through the jurisprudence brought to this study, regarding the granting to the right to have health treatment, through judicial lawsuits. In this research, we have as specific objectives, such as to make an analysis of the last judgments (via jurisprudence) in the TJGO regarding the concession or not, of the judicial situations related to the treatment of public health to the patients. We also intended to indicate the means or resources sought by the Court of Justice, in appellate court, to solve the cases. How do the Appellate Judges act to elucidate the problems of the judicialization in public health? What are the arguments used by magistrates, in an appellate court, to meet patients' wishes? Regarding to the methodology, the study has adopted an investigative method and a bibliographic review. We opted for a temporal cut for the collection of the corpus, bringing into discussion, the last judgments of September 2018. As a result, it´s understood that the TJGO has been deciding favorably to the citizens' wishes, obeying the constitutional norms, especially the article 6º, 196 of the Federal Constitution of 1988.