Direito à saúde da pessoa idosa: efetivação pelo poder judiciário

Abstract

The present work deals with the right to health of the elderly, understanding this as a fundamental and social right, expressly foreseen as a right of all and a duty of the State. Starting from the premise of the ineffectiveness of the Federal Constitution, due to the State's omission, which makes the right to health of the elderly unfeasible, it intends to understand and analyze the role of the Judiciary in the dynamics of effective protection of this right, guaranteed by the Federal Constitution of 1988 and by the Elderly Statute. The Judiciary represents the guarantor of that right that is constitutionally foreseen and reiterated in the Elderly Statute, which must be interpreted to achieve citizenship, guaranteeing the elderly the right to life, their dignity and their participation in society. Initially, the study was developed in order to understand the different stages of the aging process, which make up the condition of vulnerability of the elderly. He highlighted the autonomy of the elderly, which means having the ability to deliberate about their own goals, as well as about the priority nature of the right to health in the elderly. It was pointed to the principle of human dignity as the highest value in the legal system and comprehensive content, which guides other principles of the legal system, such as the best interest of the elderly and solidarity. It was observed that the elderly find it difficult to implement public policies and, therefore, resort to the judiciary, aiming to compel the State to fulfill the duty that the Constitution imposes on it, thus guaranteeing the exercise of the right to health. . Finally, the research highlighted the role of the Judiciary, examining decisions handed down by the Superior Courts, as well as those produced before the Court of Justice of Goiás, when it comes to public health policies, especially the demands related to the health of the elderly. and, still, studied the theories of the "reserve of the possible" and of the "existential minimum"