Judicialization of health in the public and private health systems: A systematic review

Abstract

In Brazil, the right to health has a constitutional and universal provision. However, litigations have been frequently used to guarantee access to health goods and services. The objective of this study is to review the literature about judicialization of health from 2004 to 2017. Based on a structured question, the databases PubMed/MEDLINE, LILACS, SciELO, Scopus and BIREME/BVS were reviewed. The majority of lawsuits refers to medications. There was a consensus concerning the individual characteristic of the litigations, the preponderance of medical prescription, and the constitutionality of integral health. There are divergences regarding possible interferences of legal decisions in management and in the effectuation of public policies and of the right to health. Studies show management failures and dysfunctions in health systems. The profiles of health demands taken to the court can help health managers in the reorientation of care practices.