Inter-institutional dialogues in the judicialization of health as a sustainability strategy for the SUS

ABSTRACT

This study aims to explore the dialogic strategies adopted in the conduct of health processes filed by the Public Defender’s Office in Barreiras-BA, in order to demonstrate that the complex and polycentric character of judicialization requires an articulated action between the actors involved, aimed at guaranteeing the sustainability of the Unified Health System. A descriptive and retrospective methodology was adopted, focusing on a documental basis. The data were obtained from a list of cases prepared by the Public Defender’s Office operating in the municipality, followed by consultation of the entirety of the records on the website of the Court of Justice of Bahia. 94 cases were analyzed, filed between January 2019 and December 2021. The analysis of dialogic practices was based on Habermas’ Theory of Communicative Action. It was concluded that the Defender’s Office has a leading role in the pre-procedural stage, seeking, in a communicative action, the extrajudicial resolution of conflicts. On the other hand, the attitude of Organs recipient bodies showed a failure in public health management, which acts strategically and does not have extrajudicial resolution as a priority. Furthermore, the need to strengthen the NAT-Jus remained evident, which is still poorly consolidated in the Bahian Judiciary.

KEYWORDS
Right to health; Health’s Judicialization; Interdisciplinary placement