Hidden Costs of Health Judicialization: A Study on the Economic-Familial and Emotional Consequences for Families Taynara Sousa Gomes, Camila de Souza Primo, Patricia Gorisch

Abstract

The judicialization of health is a growing phenomenon in Brazil, where many families turn to the judiciary to secure access to essential treatments and medications. However, this process can entail a series of hidden costs that affect both the family economy and the emotional health of those involved. The overall objective of this study is to analyze the economic and emotional consequences of health judicialization for families, focusing on financial costs, emotional strain, and familial implications arising from the judicial process. Among the specific objectives are: identifying the direct and indirect costs, such as legal fees, court costs, and loss of income faced by families that judicialize health issues; examining the impact of the duration of health judicial processes on the daily lives of families, considering the loss of time and resources; investigating the emotional and psychological effects, such as stress, anxiety, and emotional strain, on family members during health judicialization; evaluating how the uncertainty and unpredictability of judicial outcomes affect the emotional stability and family dynamics; and proposing recommendations for public policies and legislative reforms that can reduce the economic and emotional costs associated with health judicialization, promoting a more efficient and just system. To what extent does the judicialization of health influence family members' perceptions of the effectiveness of the health system and the judiciary, and what are the emotional consequences of these perceptions? This study will employ a qualitative approach, utilizing literature review and document analysis to explore the economic and emotional impacts of health judicialization. Secondary data will be gathered from existing legal cases, academic articles, and reports on health judicialization to identify patterns and trends. The study will also analyze policy documents and legislative texts to understand the current legal framework and propose potential reforms. Through this comprehensive analysis, the study aims to provide a detailed and thorough understanding of the hidden costs of health judicialization, addressing both economic and emotional aspects. By understanding these impacts, the study hopes to contribute to the development of public policies and legislative reforms that mitigate the negative effects on families, promoting a more efficient and just health and judicial system.