Mediation as prevention of judicialization of health: narratives of judiciary and health subjects^a

Mediación como prevención de la judicialización de la salud: naratas de los sujetos del judiciario y de la salud

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.

Keywords:
Health law; Health´s judicialization; Health care; Public health