Atuação dialógica das instituições como instrumento democrático à intervenção do poder judiciário nas políticas públicas de saúde

Abstract

After the advent of the Federal Constitution of 1988, the desire of the collectivity for the realization of its most basic rights was evidenced, generating, in this way, the search for solutions that, not infrequently, of the State's lack of action. It was conceived as a health principle, which, becoming an increasingly recurrent object in public administration, generated what is now conceived as the phenomenon of Judicialization of Public Health in Brazil. However, in addition to an exacerbated number of actions that overwhelm the Judiciary every year, as well as due to the excessive spending of the Public Power with such demands, it is considered essential a search for mechanisms that do not displace a jurisdictional jurisdiction of such demands, thus facilitating their realization and reducing their costs, which less create ways to assist an actualization of the judge in their judgment. In this way, the present work aims at motivating the phenomenon of health judicialization in Brazil, in order to identify the importance of the dialogical performance of institutions as the democratic instrument on the intervention of the judiciary in public health policies. Specifically, we sought to analyze the historical and evolutionary context of health in Brazil, its implementation by means of public policies, as well as to define its main institutes and critics, in order to facilitate the cognition of the most relevant aspects that permeate o subject under review. In order to do so, we used the qualitative research method, based on a descriptive study of bibliographical analysis, which were essential for the conclusion that the adoption of a dialogical control that observes a harmonic interaction between social actors is a necessary axiom for the judge satisfies its jurisdictional function of controlling public policies in the field of health.