"The future is exactly finding a point of balance, recognizing that it is not possible to provide everything that is judicialized". This is what federal Judge Clenio Jair Schulze, a member of the Health Committee of the Health Forum of the National Council of Justice (CNJ), predicts.
According to the Judge, this issue reflects a worldwide problem. "Every country in the world is going through this. People need to understand that they are not going to get, unfortunately, everything they want," the magistrate pointed out. "On the other side, the role of the State and the judiciary in finding what are the best therapies and treatments to serve the greatest number of people."
In speaking on the topic, Schulze brought information on the phases of judicialization, the first being the judicialization of hope. "Judges play on general and abstract criteria, such as hope, for example," he explained.
Evidence-based judicialization
The second, as informed by the speaker, is the current phase of evidence-based judicialization of health. "The Judge needs to decide based on scientific evidence in the health area, and this is the current position of the STF (Federal Supreme Court) and the STJ (Superior Court of Justice).
Based on this phase, the speaker suggested a third phase of judicialization to the magistrates of the State of Tocantins: the discussion about results, "to know if these judicialized treatments have effectively brought positive results for the people who have been judicialized".
For Schulze, this is an important question. "Because it is exactly knowing if the expenditures that were made brought results for the health of people," he reinforced.
According to the lecturer, inflation in health care greatly increases the issue of costs and the challenge for society, not only for the Judiciary, is to find limits, "to know which are the best treatments and which ones can be financially supported by the population", he emphasized.
The last table of the symposium was coordinated by Federal Judge Igor Itapary Pinheiro, from the Federal Justice - Tocantins Judiciary Section.
