THE RIGHT TO HEALTH IN THE DISCOURSE OF THE JUDICIARY AND THE PUBLIC AUTHORITIES: ANALYSIS OF JUDICIAL DECISION-MAKING

Abstract

This study aimed to analyze the contrast between the discourses of the Judiciary and the Public Authority, contenders in judicial decision-making regarding the right to health of the child in a situation of chronic illness with serious malnutrition. It is a descriptive study with a qualitative approach, based on documental analysis of the judicial decision-making of the Court of Justice of Mato Grosso, requiring the provision of nutritional intake and medications. The analysis showed that the State, in spite of its responsibilities to guarantee these, declines to concede them, asserting the need for management in the distribution of medications, lack of knowledge of the risk of death for the baby, and limits on the financial resources for health. The study evidences the contradiction of the discourse of the Brazilian State in the protection of its citizens, in particular the children. This contradiction shows that the State openly fails to comply with the legislation, considering administrative issues as having priority over the well-being of vulnerable children.

Keywords

• Right to health
• Judicial decisions
• Health institutions
• Children's health