Políticas de saúde em juízo: um estudo sobre o município de São Paulo / Health policies in court: a study of the city of São Paulo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

This research aims at understanding the role played by the common courts in the context of health policy in São Paulo. Therefore, it is proposed to study the process of using the São Paulo State Court of Justice to guarantee the right to health and identify institutional mechanisms that allow this process to occur. We accomplished a survey of this Court decisions in lawsuits that contestate municipal health policies, and then examined such decisions in order to map the patterns of response that the judiciary has given to such demands. Finally, we also sought to investigate to what extent such responses influence on executive branch health policies and to identify what were the ways of demanding and the actors involved. The research resulted in a delineation of certain specific characteristics of health policy contestation at the São Paulo State Court, such as the predominance of individual lawsuits, the high rate of the executive branch convictions, the significant use of free legal assistance and the effects of conviction in health policies, both as substantive changes in its content, as institutional arrangements between the actors applicants and the Executive.

ASSUNTO(S)

judicial branch health saúde política pública poder judiciário judicialization public policy judicialização justiça comum

ACESSO AO ARTIGO

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