Abstract
Abstract Objective: To analyze the phenomenon of judicialization for health mediation and prevention of judicial demands. Methods: Exploratory and explanatory mixed study, from 2017 to 2018, with a non-probabilistic sample. We used two structured interview scripts, one to the municipal health secretaries and another to the judges from the Public Treasury of the Brazilian territory. In common, the meaning of judicialization and mechanisms for resolution. For the 162 secretaries: reasons for the judicialization, alternatives for resolution and more demanded inputs; for the 40 judges, the legal basis. Results: 77.5% of the judges resorted to support in the legal actions; 77.5% of the districts do not count on mediation of sanitary conflicts; 65.4% of the municipalities have a group for mediation. The annual expense with the judicialization varies from less than R$ 100 thousand to more than one million. Conclusion: Despite the support for decisions and mediation groups, the judicialization of health centers enlarge courts and has an impact on the budget of municipalities and commit itself to the actions in primary health care.
Highlights
Brazil began the 21st century still in underdeveloped or a developing country
Four (12%) add to this the Law No 8080/1990 in addition to the Federal Constitution and 5 (15%) of respondents beyond these are based in the Jurisprudence by the Superior Courts
Among the conclusions of the study is the need for a better understanding of the Health System by the Magistrates that repress the Executive to comply with what determines the FC in accordance with the Law 8080/1990 and Complementary in order to contribute with the sustainability of the System, without prejudice to the right of the citizen
Summary
An underdevelopment that is characterized by socio-economic, political-cultural and environmental exclusion, by a lack of cohesion and social solidarity, by the insufficiency of economic and scientific-technological dynamism and, mainly, by the poverty and inequality as the biggest present day problems Such situation places us among the countries with the greatest social inequality of the world. The dignified life in the city does concern housing, it addresses the vital needs, and the right to health is not a determining factor in its planning.[2] Even though the relevance of the theme, the practice and driving of the collective health in our municipalities are worrying, since the queues grow, increases the lack of Intensive Care Units - UTIs, the demands of specialized exams and consultations. It includes the high-cost and not standardized medicines, and considerable demand for psychotropic substances and psychiatric hospitalizations due to the alcohol and other drugs abuse, leading to the recipe commitment aimed at the basic attention to comply with court orders
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