Aplicação da teoria dos diálogos institucionais na mediação das demandas judiciais de saúde urbana com forma de concretização das funções sociais da cidade: análise das Câmaras de Conciliação em matéria de saúde no âmbito do Rio de Janeiro no ano de 2019-2020

• Autor(a) principal: Brandão, Paula Marques
• Data de Publicação: 2022
• Outros Autores: [e-mail]
• 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/1/19102
• topic: Urban health; Judicialization; Institutional dialogues; Saúde urbana; Judicialização; Diálogos institucionais; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

The present work addresses the issue of the application of institutional dialogues in urban health lawsuits as a tool to minimize the judicialization of health, ensuring the full realization of the city's social functions.Faced with the acceleration of the urbanization process in cities, they developed in precarious conditions, causing the emergence of several urban problems, which favored the population's illness. It happens that despite the right to health being a fundamental right provided for in the Constitution of the Republic of 1988, as well as being guaranteed in the City Statute, through the fulfillment of the social function of the city in the bias of citizenship, due to the insufficiency of public policies, the population has In the Judiciary, the effectiveness of their right is sought, increasing the judicialization of health. However, the judicial demands of urban health are resolved within the scope of micro-justice, without analyzing the collective consequences of judicial decisions, causing an urban problem, since it is not in line with the social functions that the city must have with the well-being of its inhabitants, which are carried out in public health services.Thus, the present analyzes the theory of institutional dialogues applied within judicial decisions can contribute to the realization of the right to health through a dialogue between the Judiciary, the Executive and health professionals, as a way of contributing to the quality of services. public health in urban space. And to understand how this theory could be applied, we analyzed the connection of the right to health with the social functions of the city, the impacts of the judicialization of health, mediation, through the experience of the conciliation chambers of the State of Rio de Janeiro, which are used as an alternative for the solution of legal demands in health, the foundations of dialogic theories, with the suggestion of some parameters of application of the theory of institutional dialogues in the mediation of legal demands in urban health. Therefore, the research was developed based on the bibliographic review, through books, articles, legislation, theses and consultations on electronic sites.