Health's judicialization: building solutions in health promotion's perspective

Abstract

Health's Judicialization causes undesirable consequences to the Brazilian Public Unified Health System and, therefore, solutions are necessary to overcome or mitigate these effects. The study sought to verify what are the possible alternatives to extirpate or soften the negative effects, based on open interviews with law operators (lawyers, judges and public prosecutors) and public managers, who are involved in this phenomenon. The main proposals consisted in reducing the range of goods and services offered by the Brazilian Public Unified Health System; abolishing judicial intervention; making agreements and implement measures during a lawsuit. It was observed that, whatever is the measure, they should contemplate all those involved and be guided by information, dialogue and intersectoral partnerships that are principles of health promotion. Therefore, the actions to face the challenges that involve the judicialization need to be inserted and regulated by a judicial health promotion policy, understood as a coordinated effort between public health administration and the Judiciary, organizing actions at the national level to establish ways to improve public health management in order to reduce or avoid the negative impact of lawsuits at the same time as it seeks to improve the way judicial processes and public administration are conducted.