Enforcement of public health policies protecting children with Congenital Zika Syndrome and the impact on heath judicialization

Abstract

The Zika’s Congenital Syndrome has led to the emergence in Brazil of a universe of children who require medications, medical exams, specialized consultations, besides a rigorous monitoring of their growth and neuropsychomotor development. However, not all of them are able to receive adequate treatment and end up seeking the Judiciary to have their rights enforced. In this context, this article aimed to present the main demands that come to the Judiciary from families with children with this syndrome, as well as to evaluate the scope of health policies instituted to ensure the comprehensive care and social protection of these children and their families. It was found that although the right to health is guaranteed constitutionally and generates to the Public Power, in all its spheres, the duty to provide medical and pharmaceutical care with equity and universality, the allocation of resources and the health care provided to these children were shown to be insufficient and precarious, thus generating a transfer of powers from the Executive to the Judiciary, which becomes the last hope of these families.