Judicialização da saúde e a Câmara de Resolução de Litígios de Saúde do município do Rio de Janeiro: uma análise teórica a partir de perspectivas de diálogos institucionais.

• Autor(a) principal: Pereira, Aline do Nascimento
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/3965
• topic: Right to health; Judicialization of health; Juridicization of health; Institutional dialogues; Direito à saúde; Judicialização da saúde; Juridicização da saúde; Diálogos institucionais; CNPQ::CIENCIAS DA SAUDE::SAUDE COLETIVA

With the process of democratization and the result of intense demands from a plurality of social and political groups, health was elevated to the category of fundamental right in the Brazilian Constitution of 1988, whose dictate is the positive provision of the State. To make this right viable, the Unified Health System was created, to be implemented jointly by the Union, States and Municipalities. However, after approximately three decades of the universalization of the right to health and legitimation of basic constitutional principles, the realization of this right still faces challenges of diverse nature such as cultuals, political, social and economic generating a tension between right guaranteed and right enjoyed. This allows the insertion of legal institutions in this tension, as an important actor in the process of effecting rights, whether in the judicialization or in the juridicization of health. These institutions developed the institutional capacity to create a space for dialogues by enabling communication among the main actors that make up the process of formulating, managing and supervising public health policies. In this logic, the objective of this work was to highlight the importance of institutional dialogue between political and legal institutions for the realization of the right to health. For that, we did a theoretical study and we highlight the experience of the Health Dispute Resolution Chamber of the city of Rio de Janeiro, understanding that this experience presents itself as a powerful strategy for institutional dialogue that seeks to achieve the right to health. The study shows that the Chamber has increased its ability to resolve disputes by administrative means, however, it also alerts us to some issues that are demanded of the Chamber, among them the search for information. The data alerts us to a possible problem in the health system and suggests that there should be even more dialogue between legal and political institutions to alleviate and resolve them.