A judicialização de cirurgia bucomaxilofacial e o sistema de assistência à saúde dos servidores públicos de Pernambuco

The Brazilian Federal Constitution of 1988 was a pioneer in providing the right to health as a fundamental right and regulating the supplementary health system. Several states have created plans aimed exclusively at their servants, and Pernambuco was the pioneer to conceive them, through the Health Assistance System of the Servants of the State of Pernambuco. The technological advances, the increase of life expectancy (and the consequent early tooth loss) and the traumas have caused an increase in the use of orthoses, prostheses and special materials in invasive procedures - providing, among other benefits, esthetic repair. However, there are obstacles to the use of these materials, including their high cost and the lack of private health insurance coverage for esthetic procedures. The judicial proceedings involving orthoses, prostheses and special materials in oral and maxillofacial surgery against the Health Assistance System of the Servants of the State of Pernambuco were analyzed, from January 2009 to December 2017. The purpose was to defend that the indication of the material to be used by the dental surgeon cannot be considered as an absolute criterion and that the Judiciary should not accept such an opinion without questioning it. It was verified the need to open a larger structure to the magistrates, with the creation of centers for technical assistance in health and/or investments in the existing one, in order to subsidize the judges and ensure a greater efficiency in the solution of the demands.