Materializando diálogos institucionais na judicialização da saúde pública: Propostas de convenções processuais coletivas, lindb e transparência
The purpose of this paper is bringing the problem of universal health care (SUS) litigation to the perspective of institutional dialogues and procedural flexibility, seeking solutions for the issue jointly between the State Powers. It is fundamental to seek methods of induction of greater esponsib...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7680836 |
| Source: | Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 7, Nº. 1, 2020 (Ejemplar dedicado a: janeiro/abril), pags. 285-317 |
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| Summary: |
The purpose of this paper is bringing the problem of universal health care (SUS) litigation to the perspective of
institutional dialogues and procedural flexibility, seeking solutions for the issue jointly between the State Powers.
It is fundamental to seek methods of induction of greater esponsibility and economy efficiency from the institutions.
In this sense, it is questioned: what are the main issues of universal health care litigation? Can contracts of procedure
regulate decisions that affect public budget management? How to provide accountability between agreements of the
Judiciary and the Executive Branch within the SUS? Some theories are used: institutional dialogues theory; theory of
the institutional capabilities; theory of the Civil Process of the Constitutional State; and theory of procedural flexibility.
At the normative level, a joint interpretation is made between articles 190 of CPC/2015 and 20 and 22 of LINDB. The
deductive / inductive method is used, through bibliogracal and documentary research. |
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