Public Health Judicialization and the Institutional Dialogue as Social Equity Guarantee

Abstract

This article seeks to present the theory of institutional dialogue as a way to mitigate excessive judicialization of health demands in the national context. It will be discussed in this paper the question of public policies judicialization and its origins in the paradigmatic transition  of  the  Legislature  State  to  the constitutional  law  state,  demonstrating  the judicialization as a result of the paradigm shape from the constitucional law state and expansion  of  judicial review of constitutionality.  Secondly,  the  theory  of  institutional dialogue is presented to the  reader, contextualizing  its  theoretical  references  and demonstrating  how  it  can  assist  in  broadening  the  participation  of  other institutional authorities and civil society in building democratic deliberations in the interpretation and application of fundamental rights. Following this, it is presented the idea of institutional dialogue as a tool to mitigate excessive judicialization of health, exemplified by a brief history of the Public Hearing No. 04 of the Brazilian Supreme Court, which put forth the need to create alternatives to prevent the legalization as well as its impact on the organization of the National Judicial Forum for monitoring and resolving requests for assistance in health and better performance of the same Law Workshops Health, by the National Council of Justice. Finally, the conclusion will present the technical advisory centers (NAT) and interagency committees as instruments of materialization of institutional dialogue in mitigating excessive judicialization of demands on health to ensure equitable access to health care.