A judicialização da saúde pública e o diálogo institucional: os espaços interinstitucionais como garantia fundamental de acesso à saúde

Abstract

This dissertation aims to demonstrate the critical and urgent situation of excessive judicialization on public health, analyzing whether the construction and consolidation of interinstitutional committees, technical assistance nucleus and other related institutional arrangements can effectively help in the reduction of legal claims. In demonstrating that the judicialization is a legitimate and necessary practice when considered with other principles and guidelines that compose the SUS, the problem of this research is to verify if the committees / nucleus interinstitutional or equivalent, as a space conducive to the development of the institutional dialogue relation between the different public health actors (Executive, Judiciary, Defensoria Pública, Ministério Público , users, associations) to effectively reduce the excessive judicialization of health. To carry out the proposed theme, it was used documentary research with a comparative, statistical and monographic procedure, as well as indirect documentation techniques through bibliographic and documentary research and direct documentation through statistical and content analysis, based on specific data and concrete cases resulting from the institutional arrangements verified in the various formations of committees / nucleus .From the analyzes carried out, it was verified the existence of two distinct phenomenon, namely, juridicization and misjudicialization and successful experiences of public health policies, namely the case of Araguaína/TO; The case of Lages/SC; The case of Brasília/DF, the case of Belo Horizonte / MG, where there was a decrease in judicial demands and greater resolution of conflicts through institutional dialogue. Finally, it presents the Interinstitutional Committee for Resolution on Health Claims of Uberlândia/MG as a proposal in construction for access to health.