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Revista de Administração Pública

Print version ISSN 0034-7612


MACHADO, Felipe Rangel de Souza  and  DAIN, Sulamis. Health Public Hearing: issues for the judicialization and to health management in Brazil. Rev. Adm. Pública [online]. 2012, vol.46, n.4, pp.1017-1036. ISSN 0034-7612.

Judicialization has been in use on several countries as a term to define various phenomena according to their intensity and historicity. Recently, the Judiciary Power has addressed health issues in Brazil, a form of "policy judicialization". The term, however, lacks the precise definitions that would enable a deeper analysis of this phenomenon's range in Brazil. The last years have seen a significant increase on judicial actions aimed at guaranteeing health rights. Among its consequences, this led to a quick assimilation by health administrators of the term "health judicialization". Many health related judicial actions have arrived at the highest level of Brazil's Legal System. This has led the Supreme Court to create a Public Hearing to address civil society's issues regarding health rights, where fifty people were heard. This research analyses the rhetoric observed on these speakers' main arguments to understand their opinion regarding the judicialization phenomenon, and the main consequences to health administration.

Keywords : judicialization; right to health; Judicial Power; health policy.

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