FROM PROBLEM TO SOLUTION

THE JUDICIALIZATION OF HEALTH AS A SOURCE OF PUBLIC INNOVATION

Abstract

The constitutional provision on the right to health binds administrative activity to measures to promote it through public policies. In the face of omission or failure to implement them, the judicialization of access to health services has implied the intrusion of "foreign" actors into the management of public policies, causing budgetary impacts and a loss of discretionary power on the part of the Administration. In this context, this article analyzes how the judicialization of health, although often perceived as an obstacle to public management, can function as a vector for innovation of the Unified Health System (SUS). To this end, bibliographical and exploratory research was used to collect successful practices in dealing with the judicialization of health in reports from the Mostra “Brasil, aqui tem SUS” between 2015 and 2022, published by the National Council of Municipal Health Secretariats. It was found that there are possible solutions to the judicialization of health within the scope of public management, and that strategic responses to judicialization can contribute to strengthening SUS management in terms of health promotion, protection and recovery.