Article
Strategies implemented by public institutions to approach the judicialization of health care in Brazil: a systematic scoping review
Registro en:
YAMAUTI, Sueli Miyuki et al. Strategies implemented by public institutions to approach the judicialization of health care in Brazil: a systematic scoping review. Frontiers in Pharmacology, [s.l.], v.11, n. 1128, p.1-18, jul. 2020.
1663-9812
10.3389/fphar.2020.01128
Autor
Yamauti, Sueli Miyuki
Barreto, Jorge Otávio Maia
Barberato-Filho, Silvio
Lopes, Luciane Cruz
Resumen
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES) Background: The judicialization of health care is a social claim concerning the right to the
access to health care. It usually occurs due to gaps in public policy or failures in its
application. In Brazil, several public institutions have implemented strategies to approach
this phenomenon. However, these strategies have not yet been systematized into
functional categories.
Objective: To categorize and analyze the strategies implemented by public institutions in
Brazil to approach the judicialization of health care.
Method: A systematic scoping review was developed following the method proposed by
the Joanna Briggs Institute. The descriptor ‘judicialization of health’ was used to conduct
the searches for studies in 18 electronic databases and other types of documents in the
gray literature until March 2019. Documents containing the reports of strategies
implemented in public institutions to approach the judicialization of health care in Brazil
were included. Two independent reviewers assessed the eligibility of the documents and
extracted the data. The strategies identified were categorized using definitions from the
World Health Organization and existing Brazilian legislation.
Results: Seventy eight implemented strategies were identified and organized into nine
categories: i. Technical support to the judiciary; ii. State health committees; iii.
Organization of assistance; iv. Compliance with court orders, v. Computerized
information systems; vi. Administrative proceeding; vii. Defense of the public authority;
viii. Pharmacy and therapeutics committee; ix. Alternative dispute resolution. These
categories are not mutually exclusive and often act in concert or complement each
other’s activities. They represent services either existing or provided for in legal provisions
by the public administration to meet various types of demands.
Conclusions: The categories proposed to approach the judicialization of health care
represent some of the recommendations for qualifying public administration or are provided for in Brazilian legislation, or both. The existence of recommendations and legislation
facilitate, but do not guarantee, the implementation of strategies by public institutions.
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