Contextualizing Public Policy and aspects of Health Judicization in Brazi

Abstract

his study aimed to explain about the phenomenon of the judicialization of health, listing its inconsistencies, as well as its supporting aspects, both in the format of public health policy and in the relevant budgetary impact. Methodologically, the qualitative approach used allowed the description and explanation of the studied phenomenon. It is relevant to maintain the constitutional right to health through public policies, in harmony with legal guarantees, to rationalize the recoveryof this right through the Judiciary. Brazil has multiple social demands on public health, however, limited budgetary capacity to deal with unpredictable legal burdens acquired by the State. Factors that corroborate for judicialization were identified: (a) The intervening nature of the Judiciary Power is both in the political arena, with a democratic, collective and dimensioning bias of the State function, as well as in the mediation of individual disputes against the State. (b) The Unified Health System has a constitutional basis, however, its management depends on Governments capable of prioritizing it and in the political arena there is no such guarantee. (c) Democratic institutions find institutional arrangements to deal with budgetary unpredictability, however, both legal and political discretion helps to maintain the judicialization of health as a rule and not an exception. (d) SUS assessment is suggested as a bottleneck clearance tool to minimize litigation and improve Brazilian public health.