Inter-institutional dialogues in the judicialization of health as a sustainability strategy for the SUS

Abstract

This study aims to explore the dialogic strategies adopted in the conduct of health processes filed by  the Public Defender’s Office in Barreiras-BA, in order  to demonstrate that the complex and polycentric character of judicialization requires an articulated  action between the actors involved, aimed at  guaranteeing the sustainability of the Unified Health  System. A descriptive and retrospective methodology  was adopted, focusing on a documental basis. The  data were obtained from a list of cases prepared by  the Public Defender’s Office operating in the  municipality, followed by consultation of the entirety  of the records on the website of the Court of Justice  of Bahia. 94 cases were analyzed, filed between  January 2019 and December 2021. The analysis of  dialogic practices was based on Habermas’ Theory of  Communicative Action. It was concluded that the  Defender’s Office has a leading role in the pre- procedural stage, seeking, in a communicative action, the extrajudicial resolution of conflicts. On the other  hand, the attitude of Organs recipient bodies showed  a failure in public health management, which acts  strategically and does not have extrajudicial resolution as a priority. Furthermore, the need to strengthen the  NAT-Jus remained evident, which is still poorly  consolidated in the Bahian Judiciary.