Conciliação como método alternativo à judicialização das políticas sociais: a efetivação do direito fundamental à saúde

Abstract

This study aimed to describe the work experience of a Health Conciliation Chamber, in a Brazilian State, as an alternative to the judicialization of the fundamental social right to health. For this purpose will it be used as a guiding question: is conciliation a judicial alternative to the judicialization of access to the fundamental right to health in the State of Bahia? This is an exploratory and descriptive documentary research to be developed with a qualitative methodological approach on the use of conciliation as an alternative method to the judicialization of public health in guaranteeing access to the right to health. The field used by this research was the database of the Health Conciliation Chamber of the State of Bahia, Health Secretariat of the State of Bahia and the Municipal Health Secretariat of Salvador / BA. This research had the intention to seek elements that will subsidize new research on the subject and to establish possible elements of expansion of the health conciliation in the State of Bahia, with the adhesion of other public entities regarding the intersectoriality and the guarantee of the rights health policies in an integral and immediate way. In this way, to bring benefits such as the reduction of social inequities and the guarantee of citizenship in the effectiveness of public policies, as well as contribute to the scientific production in the field of formulation and evaluation of social policies and self-consumption methods in access to the right to health , aiming to reduce the judicialization of health. The theory of the Fundamental Principles and the Neo-constitutionalism is based on this theory. As for social policies, are strategic actions of the State, which aim to meet the basic and fundamental human needs, constitutionally guaranteed. At the moment when the State fails as guarantor of social policies, it is for the Judiciary, to the detriment of the citizen and his control function in the system of checks and balances, to intervene as a collaborator, in a creative way, in the realization of these rights, limiting in the light of the Constitution and the Fundamental Principles. The relevance of analyzing fundamental rights, which are human rights enshrined in a Magna Carta with immediate effectiveness, lies in its applicability without any obstacle to the interests of the State. And, in the presence of legal gaps, interpret in the light of the Constitutional Principles and, above all, the Principle of the Dignity of the Human Person.