Conflict Mediation in Health Area: Portuguese and Brazilian experience

• Autor(a) principal: Nascimento, Dulce
• Data de Publicação: 2016
• 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/333
• topic: Mediação; Conflito; Saúde; Advocacia Colaborativa; Portugal e Brasil.; Mediation. Conflict. Health. Collaborative law. Portugal and Brazil.; Mediación. Conflicto. Salud. Ley De Colaboración. Portugal y Brasil.

The Health area is a constitutionally recognized right in most countries, particularly in view of its human and social importance. Recognized as a fundamental right, it has a complex nature because the multiplicity of elements that characterize it, including social, cultural and subjective. However, as is known, its effectiveness depends on public and private investment policies, whether we are talking about public or private health, adequate for the effective provision of basic needs of individuals. Taking into account its constitutional recognition important question as it stands at present, effective access to health and what the most appropriate means to address the most diverse legal conflicts in this area of law. The article wants to share the necessary and indispensable reflection, originating from the practical experience of the possibility of through the mediation of conflicts respond to the difficulty of finding through traditional means of conflict resolution, effective response to some concerns and needs to the multiple and diverse relationships that are created with medical, clinical and hospital. The responses to global and definitive solutions, for the provision of services in health care.