Judicialization of the Right to Health and Institutional Changes in Brazil

The judicialization of the right to health in Brazil may be generating institutional innovations in the system. This judicialization has had unexpected effects, such as disrupting budgetary allocations of public healthcare resources. To deal with such effects, many public authorities directly or ind...

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Bibliographic Details
Published inRevista de Investigações Constitucionais Vol. 3; no. 3; pp. 35 - 52
Main Authors Ribeiro, Leandro Molhano, Hartmann, Ivar Alberto
Format Journal Article
LanguageEnglish
Published Universidade Federal do Paraná 01.09.2016
Subjects
Brazil
Center for Technical Support in Healthcare Lawsuits
Direito Constitucional
Direito à Saúde
extrajudicial chambers
institucional changes
Judicialization of healthcare
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Summary:The judicialization of the right to health in Brazil may be generating institutional innovations in the system. This judicialization has had unexpected effects, such as disrupting budgetary allocations of public healthcare resources. To deal with such effects, many public authorities directly or indirectly involved with the Brazilian Public Health Care System have created a series of institutional innovations. These innovations aim at i) minimizing the budgetary effects of judicialization and/or ii) decreasing litigation involving the public healthcare system. This chapter highlights two demonstrative cases: the healthcare settlement chambers [Câmaras de Conciliação de Litígios de Saúde] and the centers for technical advisement of judges (Núcleo de AssistênciaTécnica - NAT). This article provides a description of the centers for technical advisement of judges and show the still preliminary attempts to institutionalize extrajudicial forms of settling healthcare litigation.
ISSN:2359-5639
2359-5639
DOI:10.5380/rinc.v3i3.48160