A judicialização da saúde e a medicina baseada em evidências: investigações a partir da jurisprudência do Tribunal Regional Federal da da 1ª Região

Abstract

This work aims to analyze whether the theory of judicial decision based on Evidence- Based Medicine has been applied within the scope of the Federal Regional Court of the 1st Region,as well as to verify the theory addressed provides adequate, effective and timely judicial provision. For this, the years 2019 and 2020 were used as a time lapse, seeking to demonstrate their contemporaneity. Througt the use of qualitative research methodology, we seek to understand whether the magistrates are basing decisions based on scientific and objective criteria, or on the so-called “sentimental jurisprudence”, wich are based exclusively on evocation of human dignity and subjective criteria. The work was divided into three stages. The first of them discussed the important concepts to the theme such as: human dignity, rigt to health, existential minimum and reserve of the possible. Even in this first moment, the change in the position of the Judiciary in health demands was contextualized, since it initially did not interfere in these issues. At the end of this stage, data referring to the increase in the number of new cases on the judicialization of the right to health were analyzed. In the second stage, the measures taken by the national Council of Justice from the public hearing n°4, promoted by Federal Supreme Court, were adresse, in addition to exposing the main points of EvidenceBased Medicine. Finally, four jurisprudence within the scope of the Federal Regional Court of the 1st Region were analyzed, wich led to the conclusion that the theory of Evidence- Based Medicine, although promising and capable of enabling a more efficient judicial provision, is still little used.