Abstract
The Brazilian Federal Constitution of 1988 established health as a right of all and a duty of the State, which is responsible for implementing economic and social policies aimed at reducing health problems in the population. This article presents a theoretical reflection, based on the literature on the subject, and aims to discuss the challenges and perspectives of the judicialization of access to health for patients with chronic non-progressive encephalopathy undergoing treatment in the Unified Health System. The judicialization of public health due to weaknesses in the administration and distribution of the services offered by the system grew exponentially in Brazil. The judicialization of health care for people with disabilities, especially those diagnosed with chronic non-progressive encephalopathy, is little addressed in the scientific environment, but understanding the difficulties faced by this population helps in the formulation of public policies.
Keywords
Health’s judicialization; Brain diseases; Cerebral palsy; Right to health; Unified Health System; Occupational therapy