Judicialização da saúde no Tocantins e gestão social: interfaces, possibilidades e desafios entre Estado e sociedade

Abstract

The judicialization of health is an expanding global phenomenon, understood as an alternative to guaranteeing the constitutional and fundamental right to health, capable of generating harmful effects on the health system, public administration and society. This study was dedicated to raising and discussing possibilities of Social Management as a doctrinal strategy, which fosters and strengthens inter-institutional dialogue, in addition to the role of civil society in the context of the judicialization of health in the state of Tocantins. To achieve this goal, we proceeded with an asynchronous e-interview with social actors that partially make up this scenario in the state of Tocantins: magistrates, health managers, and law school academics (representing civil society) to raise their perception about this phenomenon. As a result, the omnipotence attributed to Article 196 of the Federal Constitution (BRAZIL, 1988) was observed as a driver of the high numbers of health disputes, the lack of dialog between social actors, the low participation of civil society, and the urgent need for insertion of civil society in this context. The results claim for strategies that rationalize health lawsuits; alleviate the harmful effects caused by judicialization; address the thriving conflicts, generating balance and harmony between social actors, institutions, and even between individual and collective interests. Nevertheless, alternatives that encourage the participation of civil society and inter-institutional dialogue in this context, with Social Management being an effective and efficient strategy to meet these needs.