POSITIVE AND NEGATIVE ASPECTS OF THE JUDICIALIZATION OF HEALTH IN BRAZIL

Abstract

The growing number of lawsuits aimed at implementing public policies and the interference of the Judiciary in the political sphere, in addition to being criticized, entails a series of consequences for public management. The objective of this study is to contextualize, through a literature review, the phenomenon of judicialization of health in Brazil, in addition to identifying some of its positive and negative points. For this purpose, articles obtained from the SCIELO – Scientific Electronic Library Online and Google Scholar databases were used, which exposed the consequences of the interference of the Judiciary in public health policies. The number of articles consulted was for convenience, as the theme is not exhausted. Among the negative points of the judicialization of health were identified the financial impact on public coffers, the promotion of inequities, the production of decisions without criteria and that put at risk the continuity of public health policies, contributes to administrative disorganization and benefits a minority. As positive points, the encouragement of debate and the fact that it is a legitimate means of ensuring compliance with the right to health can be mentioned. In the end, it was concluded that judicialization is a product resulting from failures in the public policy system, whose impacts can be managed with the adoption of a series of measures such as the creation of effective public policies, minimal intervention by the Judiciary and better administrative management.