The search for balanced solutions between the right to health and the sustainability of public and private systems marked the opening of the IV Symposium on “Law and Health: Focus on the Judicialization of Health,” held on Friday morning (August 1st) in the auditorium of the Court of Justice of the State of Tocantins (TJTO).
Promoted by the Superior School of the Judges of the State of Tocantins (Esmat), in partnership with the Institute for Supplementary Health Studies (IESS), the meeting was attended by magistrates, researchers, managers, and representatives of the sector to reflect on the impacts of judicialization, the challenges of regulation, and the role of the Judiciary in building fair, technical, and sustainable solutions for the health system.
Statemenets
The opening of the programming featured speeches that highlighted the growing complexity of legal proceedings involving health care and the importance of dialogue between the Judiciary and the sectors responsible for formulating public policy.
Representing the Presidency of the TJTO, Justice Ângela Prudente emphasized the role of the Judiciary in addressing the tensions between individual rights and the sustainability of health care systems.
“The debate of today essentially reveals the ongoing challenge between the ideal of universality of law and the concrete limits of its implementation. [...] Responsibly addressing the challenges of judicialization is not limited to judicial action—it requires listening, integration between institutions, and, above all, a commitment to the protection of life and promotion of the human dignity," she said.
In expressing his gratitude for the partnership with IESS, the executive superintendent of the institution, José Cechin, reinforced the need to strengthen training opportunities and technical cooperation between public and private agents.
“The judicialization of health is a complex, multifaceted, and, above all, revealing phenomenon. [...] Judicialization is not going to disappear; it will be with us for a long time. But it can, should, and must be improved”,
he emphasized the importance of defending better-informed decisions based on scientific evidence that respect contracts and regulatory frameworks in the sector.
On behalf of Esmat, Judge Roniclay Alves de Morais, third deputy director of the institution, spoke about the personal and professional impact of health-related lawsuits.
“Emotion is a complicated field and it needs to be worked on when making decisions. Esmat will always be ready to strengthen this type of event, which is undoubtedly very important for the state of Tocantins”.
lectures
The opening lecture was given by Minister Antonio Saldanha Palheiro, of the Superior Court of Justice (STJ). The magistrate addressed the need for objective criteria in tackling judicialization and defended the value of evidence-based medicine.
“Health is a mysterious issue that brings us a serious responsibility. The need for health is unlimited, but resources are limited," he said.
The presentation also addressed case law and statistical data, emphasizing the tensions between demands for innovation and the limits of budgetary predictability.
In the second morning lecture, Carla de Figueiredo Soares, interim director of the National Supplementary Health Agency (ANS), presented the legal and strategic bases for the activities of the agency, highlighting the legal, political, social, and economic foundations that justify regulation of the sector. Judge Luciana Costa Aglantzakis, of the TJTO, conducted the mediation of the Panel.
“Is it a challenge? Yes. But we have to see it as an opportunity—an opportunity for regulatory improvement, for improvement in the sector itself. Healthcare, regardless of whether it is supplementary or not, requires us to rethink how we plan, finance, and implement innovation," argued Carla.
The presentation also addressed the incorporation of technologies, sustainability in the sector, and the importance of a systemic view in formulating lasting solutions.
Closing the morning programming, Federal Judge George Marmelstein, from the 5th Region Federal Court of Appeals, addressed the use of artificial intelligence in legal cases involving health. The lecture was moderated by Judge Flávia Afini Bovo, director of the Forum of the city of Palmas.
The speaker presented practical cases and explained how AI can be applied not only to repetitive tasks, but also to the analysis of complex processes and the preparation of legal documents.
“Today, I use AI extensively to draft documents, reports, and menus. [...] Generative Artificial Intelligence is a new cognitive prosthesis. [...] We must empower users so that they know how to extract the maximum potential of the machine," he argued, encouraging the conscious and strategic use of technology in the Justice System.
