Judicialização como instrumento de garantia da efetividade do Estatuto da Criança e do Adolescente

análise do perfil processual de demandas por saúde pública infanto-juvenil

Abstract

The Child and Adolescent Statute is completing 35 years, being revolutionary for elevating children and adolescents to the position of subjects of law, removing them from the condition of objects to be protected. In conjunction with other legislation, the Statute created a dense system of protection, with several rights, among which, the right to enjoy health and well-being with absolute priority. However, after all these years, it is still necessary for the judiciary to ensure the effectiveness of what is guaranteed by law. Aiming to understand the phenomenon of the judicialization of public health for children and young people, this quantitative and retrospective descriptive cross-sectional study analyzed 749 processes under the jurisdiction of the Child and Youth Health Center 4.0 of the Court of Justice of Pernambuco, distributed in the year 2023. The profile outlined indicates that the majority of applicants resided in the metropolitan region of Recife, were sponsored by the Public Defender's Office and the State of Pernambuco was the most requested entity. Furthermore, early relief was granted in most cases and the inclusion of technical opinions from Natjus was below expectations. It was concluded that the indexing of subjects and procedural classes can be improved, as the majority of processes did not have a direct indication of the law in dispute. The primary role of the Public Defender's Office, the Public Ministry and the Judiciary in seeking to make the Statute effective was also demonstrated. Knowing the profile of the processes helps in understanding judicialization and supports public and judicial policies.