Experiences for the ‘dejudicialization’ of health in Brazil

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Diniz Silva, L. ., Veloso Oliveira Figueiredo, I. ., Bahia Felicíssimo Zocratto, K. . ., & Debôrtoli de Miranda, W. (2024). Experiences for the ‘dejudicialization’ of health in Brazil: an integrative review. Tempus – Actas De Saúde Coletiva, 17(4), 43–67. https://doi.org/10.18569/tempus.v17i4.3140 (Original work published December 24, 2023)

Abstract

Objectives: To describe the experiences for the ‘dejudicialization’ of health in Brazil. This is an integrative review. Methodology:This is an integrative review in which searches were carried out in the Virtual Health Library (VHL), Scientific Electronic Library Online (Scielo), and Google Scholar databases. Results and discussion: The analyzed articles are unanimous in presenting successful experiences that establish dialogic institutional arrangements. Some experiences stand out: Permanent District Chamber of Mediation in Health (CAMEDIS) of the Public Defender's Office of the Federal District; spaces for mediation and conflict resolution established by the Public Ministry of Minas Gerais; Health Dispute Resolution Chamber (CRLS), in Rio de Janeiro; and “SUS Mediado”, conciliation chamber in the state of Rio Grande do Norte. On the other hand, the only unsuccessful experience identified did not have the plural participation of sectors interested in the theme. The findings indicate that ‘dejudicialization’ is a promising and viable path. Conclusions: There is a need for consensus as a pre-procedural strategy, highlighting the communication channels between health professionals, the executive and the judiciary, the establishment of mediation and conciliation chambers that have a low cost, are quick and aim to suppress conflicts and reduce unnecessary lawsuits in health litigation.

https://doi.org/10.18569/tempus.v17i4.3140
PDF (Português (Brasil))