Judicialization, right to health and prevention

• Main Authors: Felipe Dutra Asensi, Adriana Aidar, Frederico Ramos, Roseni Pinheiro
• Format: Article
• Language: English
• Published: Instituto de Comunicação e Informação Científica e Tecnológica em Saúde (Icict) da Fundação Oswaldo Cruz (Fiocruz) 2015-03-01
• Series: RECIIS
• Subjects: Judicialização; Direito; Direito à saúde; Prevenção de doenças; Vacinas; Medicina preventiva.
• Online Access: https://www.reciis.icict.fiocruz.br/index.php/reciis/article/view/935

This article deals with a research which had the aim of analyzing the practice of preventive medicine, with regard to vaccination, due to the intervention of the Judicial System. To achieve this aim, we made a research in the State of Rio de Janeiro Justice Court about the decisions concerned with the matter passed from 2000 to 2012 years. 110 cases were found, of which 25 were about the state responsabilty for vaccine supply. Among these processes, it was found that all of them treated vaccine supply to individuals. The results indicate that there are no demands for vaccination collectively, i.e. there are no actions requesting the state to act preventively, to safeguard a collective right to health at least with regard to vaccination. There is also no initiative on the part of legal associations or institutions, as the Public defender offices and the Public Prosecutor's Office, to safeguard collective vaccination.