Non-Judicial and Judicial Jurisdictional Control of Public Health Policies

Abstract

This is an article that, using the exploratory qualitative method for data collection, aims to discuss the control of public health policies from the perspective of jurisdictional control of the dispensation of high-cost health treatments by the Unified Health System, analyzing this issue from the angle of budget programming, the implementation of social public health policies and the constitutional competence of external control bodies. It seeks to establish parameters for judicial action and, taking into account the principle of separation of powers and the theory of institutional capacities, it is concluded that only the dialogical construction of government actions through an objective process of cooperation that must include data concrete aspects of legal demands (the profile of legal demands in the area of public health, the financial impact of complying with legal demands relating to public health within the Union, the Federal District, states and municipalities, the measures taken to improve performance of the Judiciary in processes related to sanitary law and public health, the actions of the Ministry of Health and the state and municipal health departments to understand and mitigate the negative effects of the judicialization of health) is capable of bringing a solution to the problem.