Denial of hospitalization in cases of urgency of people with schizophrenia by the health plans
an analysis of the jurisprudence of the Pernambuco Court of Justice in the years 2020 and 2021
DOI:
https://doi.org/10.14393/RFADIR-50.2.2022.67586.519-549Keywords:
right to health, supplementary health, schizophrenia, psychiatric hospitalization, TJPEAbstract
The present work analyzes collegiate decisions of the Court of Justice of the State of Pernambuco (TJPE) handed down in the years 2020 and 2021 regarding the psychiatric hospitalization of beneficiaries of health plans, people with schizophrenia, who sought judicial protections aiming at emergency assistance. As for the methodological aspects, a bibliographical and documentary research is carried out, with the construction of the corpus being developed through the computerized system of the chosen Court, using a mechanism contained in its own website that contains the state repository of its judgments (Jurisprudential Consultation TJPE), using the following “key words”: “schizophrenia”, “health plan” and “psychiatric hospitalization”. As a quantitative result resulting from this first filter, 35 (thirty-five) judgments were initially obtained, and a second filter was subsequently applied manually by the researcher, where 11 (eleven) judgments remained that have elements directly linked to the issue of denial of hospitalization by the operators of health plans. A literature review was carried out on the subject, in addition to the legislation, based on the findings in the judgments that were based on the CFRB, the CDC, the CC, the CPC and the LPS. Finally, an analysis of the judicial decisions collected from which the essential elements that are valued by the Justices of the TJPE were extracted, concluding that the understanding of the Court has been favorable to the beneficiaries of health plans, mainly with regard to search for emergency assistance to preserve mental health.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2023 Journal of the Faculty of Law of the Federal University of Uberlândia
![Creative Commons License](http://i.creativecommons.org/l/by-nc-nd/4.0/88x31.png)
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.