Accessibility and Inclusion for Individuals with Hearing Disabilities: Judicialization in Health Care and Judicial Activism

• Grant number: 24/05187-6
• Support Opportunities: Scholarships in Brazil - Master
• Start date: May 01, 2025
• End date: July 31, 2026
• Field of knowledge: Health Sciences - Speech Therapy
• Principal Investigator: Regina Tangerino de Souza Jacob
• Grantee: Anderson Vinicius de Moraes Ortega
• Host Institution: Faculdade de Odontologia de Bauru (FOB). Universidade de São Paulo (USP). Bauru , SP, Brazil

Abstract

Hearing impairment imposes significant barriers to communication and social interaction, affecting the quality of life and inclusion of those impacted. This qualitative study seeks to examine the reasons why individuals with hearing disabilities turn to the judiciary, investigating how gaps in public policies on auditory health can drive judicialization and prompt judicial activism. The primary research questions are as follows: Why are people with hearing disabilities seeking judicial intervention? Why are public policies in this area constitutionally flawed, and to what extent is the judiciary, in deciding cases on accessibility and inclusion, overstepping the roles of the Executive and Legislative branches?This study is grounded in the hypothesis that health judicialization arises from the absence or inadequacy of public policies that fail to align with constitutional principles, such as the right to Health, Equality, and Human Dignity, and with international human rights standards like the Principle of Non-Retrogression (Cliquet Effect), Non-Discrimination, the Right to Full and Effective Participation in Society, as well as Universal Accessibility and Equity. Another key hypothesis is that judicial intervention frequently acts as a response to the inaction of the Legislative and Executive branches, which have inadequately implemented effective measures to ensure the rights of this population. This inaction contributes to the judicialization of health and the emergence of judicial activism.The study will be conducted at the University of São Paulo's School of Dentistry in Bauru, using a qualitative, retrospective, cross-sectional, non-randomized, and analytical methodology, focused on the experiences of individuals with hearing impairments and legal professionals. Semi-structured interviews will be conducted to gather data on the effectiveness of public policies, experiences with judicialization, and the impacts on participants' lives. Data analysis will be based on Bardin's content analysis method, following the COREQ guideline to ensure quality and transparency in the data collection and interpretation process.This research will explore whether judicial activism may be understood as a necessary measure to safeguard constitutional rights or as an undue intrusion into legislative and executive prerogatives. Ultimately, the study aims to contribute to the development of more inclusive and effective public policies, promoting dignity and rights for people with hearing disabilities, and offering a critical reflection on the judiciary's role in securing these fundamental rights.