Banca de QUALIFICAÇÃO: ANANDA SOUSA DOS SANTOS XAVIER

HEALTH MEDIATION CHAMBER: AN ALTERNATIVE TO MITIGATE THE JUDICIALIZATION OF HEALTH IN SANTARÉM-PA

Keywords: Heath; Mediation; Conflicts; Mediation chambers; Judicialization of health.

The right to health as provided for in the Federal Constitution of 1988 is a fundamental and salutary principle that was further corroborated by Law No. 8.080 of September 19, 1990, which established the Unified Health System (SUS), which in turn addresses the universality of access to health care. Despite significant judicial decisions concerning the right to health, the mere pacification of demands through jurisprudence has not been sufficient to curb the excessive wave of judicializations. This situation has led the judiciary to seek alternative means of conflict resolution, such as mediation through conflict mediation chambers, which employ an approach that values the subjectivity of the individuals involved in the disputes. Therefore, the research problem is as follows: To what extent would the implementation of a health mediation chamber be an alternative to mitigate the judicialization of health care in Santarém/PA? The hypothesis is that the establishment of a health mediation chamber in the mentioned city would serve as a tool to resolve conflicts at their genesis, thereby preventing their subsequent judicialization. In this regard, the general objective of the research is to analyze how the implementation of a health mediation chamber would serve as an alternative to mitigate the judicialization of health care in Santarém/PA. To achieve this goal, the following specific objectives were outlined: 1) To analyze the concepts of health, the right to health, public health policies, conflict mediation, and the judicialization of health care; 2) To identify the cases of public health access requests that have been judicialized in the Court of Justice of the State of Pará – Santarém District; 3) To analyze the structure and functioning of the Permanent District Health Mediation Chamber of the Federal District and the Health Dispute Resolution Chamber (CRLS) of the state of Rio de Janeiro; 4) To understand mediation as a form of conflict resolution in the health care sector. This is a bibliographic and documentary research, employing a qualitative, exploratory, and descriptive approach. Thus, it is expected to demonstrate that the establishment of conflict mediation chambers in health law could be an effective tool for resolving health care conflicts.