Institutionalization and judicialization of health: the Brazilian’ crisis scenario

Abstract

This work analyzes Brazilian institutional crisis established from the perspective of the judicialization of health and the effects caused by the lack of systemic communication between the different spheres of government (Executive and Judiciary). The methodology used was doctrinal and legislative research through the method of bibliographic, dissertation, and argumentative procedure. As a result, we verified the difficulty of obtaining the social right to health in its fullness, mainly due to the long queues for simple medical tests and procedures, which increases the judicialization and, consequently, the budgetary impact, especially from the point of view of the state. In this context, it is necessary to use broader communication techniques, such as the structural process, institutional dialogue, and magistrate assistance tolls, such as NAT-JUS, which aims to solve complex issues systemically and not just individually.