The acting of lawyers and non-governmental organizations in public health judicialization in Brazil: to whom is it intended?

• Autor(a) principal: Silva, Hudson Pacifico
• Data de Publicação: 2017
• Outros Autores: Pimenta, Keyla Ketlyn Passos
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Cadernos Ibero-Americanos de Direito Sanitário (Online)
• Texto Completo: https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/323
• topic: Judicialização da saúde. Sistema Único de Saúde. Poder judiciário. Advogados. Organizações não governamentais.; Judicialization of health. Brazilian Unified Health System. Judiciary. Lawyers. Non-governmental organizations; Judicialización de la salud. Sistema Único de Salud. Poder judicial. Abogados. Organizaciones no gubernamentales

Introduction: This study seeks to understand the role of lawyers and non-governmental organizations in the process of judicialization of health in Brazil, based on a set of lawsuits decided at first and second instances in the judicial district of Campinas in 2012. Methods: Descriptive and retrospective study, with data collected through interviews with 27 lawyers, responsible for 78 lawsuits. Results: In general, lawyers charge for professional fees, represent clients with high purchasing power, request the benefits of free justice for their clients, maintain relationships with several non-profit organizations working in health, exploit this niche market and have a dedicated practice to litigation. We identified two non-governmental organizations that maintain relations with many other actors, including private companies of the health industry. Conclusion: It is argued that the judicialization of health does not include the most vulnerable groups in society, being permeated by dubious and non-transparent relationships among stakeholders that participate of the process. Moreover, the judiciary lacks knowledge about the elements of reality in which it operates and, acting isolated from other public authorities, is not able to really mitigate the problem of public health in Brazil.