A perspectiva dialógica na garantia do direito à saúde: análise de uma iniciativa da Defensoria Pública articulado às gestões municipais de saúde no estado do Rio de Janeiro

Abstract

The advent of the Federal Constitution postulated a range of rights after a long journey of social struggles. The SUS translates and demarcates in the Health area the expression of the accumulation of constructions and claims in the light of the struggle for Sanitary Reform. In the 1990s, there was a mixture of advancement of neoliberal ideology, moving against the legal achievements of the democratic opening process and at the same time the struggle to carry out the legal predictions of the newly conquered rights. In the meantime, the population has a difficulty in accessing health services and the inputs of this policy. Considering this context, an increase in lawsuits and claims in the judicial sphere began, as claims for the right to health, with the judicial system becoming an expressive means of access. This process, on the one hand, reveals the legitimate and longing for access to justice, also translates into increased costs for states and municipalities, and the way in which it was being conducted was mainly through individual actions, without interlocution between the services. In this context, the proposal of institutional dialogues is fundamental. Especially with the objective of the judiciary and health to dialogue in the search for solutions, preferably extrajudicial in the resolution of conflicts, in meeting the demands of the population, with the objective of guaranteeing rights. Therefore, we sought to analyze the experience Building the SUS with the Public Defender's Office of Rio de Janeiro, as a practice of institutional dialogue involving a legal and health institution that aims to increase the search for administrative resolutions of health demands and, consequently, the decrease in judicialization.