The judicialization of the home care service through class actions

Abstract

Objective: to promote a case study of the process 0004.630-73.2013.814.0133, in order to analyze the use of a collective tutelage instrument for exclusively individual purposes in the field of home care service. Methodology: the case study was used to, through the rights-based approach, establish a position on the use of public civil action, as an instrument of collective protection, to exclusively support an individual request. Result: the request formulated in the action, home treatment for the patient, although provided for in public policies, is subject to the prior enrollment of public service staff in a federal program to receive training and transfer funds, which did not occur concretely, indicating that the ideal locus for facing the discussion would be the collective one, in order to extend the benefit to all citizens. Conclusion: the use of essentially collective actions to deal with individual cases, when the irregularity or deficiency of a public policy is found, still shows a tonic in the phenomenon of the judicialization of health, distorting the essence of these actions and making the concreteness of universality unfeasible access to SUS.