THE JUDICIALIZATION OF THE RIGHT TO HEALTH OF CHILDREN AND ADOLESCENTS WITHIN THE CONTEXT OF PARAÍSO DO TOCANTINS

Abstract

The study deals with the judicialization of health as a convenient measure to implement the right to health for children and adolescents within the district of Paraíso do Tocantins/TO. The general objective is to investigate the judicialization of health in the face of the possibility of violating the full protection of children and adolescents. The method used is deductive, based on the analysis of the legal provisions provided for in the 1988 Constitution and the Child and Adolescent Statute. In relation to the results found, between the period from January 2019 to December 2022, 30 actions were filed that deal with the right to health in relation to children and adolescents, the processes requested consultations, exams supplies of inputs or medication, hospital medical treatment, among other measures to protect children and adolescents. It is concluded that cases of judicialization of children's health in the district of Paraíso do Tocantins, result from the State's failure to fulfill its duties, violating the full protection of children and adolescents in health care.