Symposium Highlights Search For Solutions To Minimize Judicialization In Healthcare

When a person is unable to access necessary medical treatment through traditional means (hospitals, clinics and health centers), they can go to court. In Brazil, the judicialization of health has been a subject of growing public debate. Exemplifying this discussion, the Court of Justice of the State of Tocantins (TJTO), through the Superior School of the Judges of the State of Tocantins (Esmat), held the II Symposium on “Law and Health: focusing on the judicialization of health” on Friday (June 7th).

Opening

At the opening of the event, Justice Marco Villas Boas, General Director of and President of the Permanent College of Directors of State Judicial Schools (Copedem), stressed that the symposium is an excellent opportunity to debate the problems of supplementary and public health.

In his speech, he pointed out that these issues bring complexity to the jurisdiction and demand a broad discussion, resulting in dramatic, unusual or easily solved situations.

"This dialog with society in general is very significant for the Judiciary. It's important to dialog with operators, doctors, supplementary health companies, to find appropriate solutions, and with the users of health plans,” he said.

Reflection

The health system, both public and private, does not always meet all the demands of the population due to a lack of resources, bureaucracy, budget limitations and/or administrative failures. This results in a growing role for the judiciary in ensuring the right to health, requiring more coordinated and strategic action. According to the National Council of Justice (CNJ), the number of cases continues to grow. As a result, there is a need to assess whether something needs to be changed or whether it is possible to improve the way the problem is dealt with. 

In this sense, Justice Marco pointed out that the aim of the symposium is not to defend health plans or companies, but to find useful solutions that avoid judicialization. 

“We want to find solutions that are useful for resolving the problem and even avoiding judicialization, either by improving the governance activities of the companies themselves, of the health plans in dialogue with the community, with users, with the Judiciary, with the State Prosecution, with lawyers, in short, with all the agents who participate in this, no one is excluded,” he argued.

Justice Pedro Nelson de Miranda Coutinho, President of the management committee for the policy of comprehensive health care for Judges and civil servers and coordinator of the event, commented on the importance of preserving the principles that guarantee a minimum of dignity in health care.

"Not all of us have a health plan, and there are huge differences between the health that the State should provide and the health that a health plan should provide. We must safeguard these principles so that we have a minimum of human dignity in the care we receive,” he said.

At the end of the opening ceremony, Justice Pedro Nelson concluded that the opportunity for debate at the event will provide valuable input for judging and analyzing issues related to supplementary health.

The Symposium, held in the auditorium of the TJTO, provided and will continue to provide a space for discussion, reflection and critical analysis on the judicialization of supplementary health, with the aim of identifying challenges and solutions for the sector and contributing to the improvement of management, regulation and access to health services. 

The programming of the Event continues in the afternoon with other lectures.

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Presences

In addition to the authorities mentioned above, the following were present: Justice Angela Prudente, vice-President of the Court of Justice; Dr. Gedeon Pitaluga Júnior, President of the Brazilian Bar Association - Tocantins Section; representing the Public Defender's Office of the State of Tocantins, the coordinator of the Specialized Health Defense Center (NUSA), Dr. Freddy Alejandro Solorzano Antunes; Judge Allan Martins Ferreira, President of the Association of Magistrates of the State of Tocantins.