Materializing institutional dialogues on universal health care litigation - proposals of contracts of procedure, LINDB and transparency

被引:1
|
作者
Mascarenhas, Caio Lama [1 ]
Ribas, Lidia Maria [2 ]
机构
[1] Univ Fed Mato Grosso do Sul, Campo Grande, MS, Brazil
[2] Univ Fed Mato Grosso do Sul, Mestrado Direitos Humanos, Campo Grande, MS, Brazil
关键词
contracts of procedure; public policies; Brazilian Unified Health System; transparency; alternative methods of conflicts solution;
D O I
10.5380/rinc.v7i1.67088
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The purpose of this paper is bringing the problem of universal health care (SUS) litigation to the perspective of institutional dialogues and procedural flexibility, seeking solutions for the issue jointly between the State Powers. It is fundamental to seek methods of induction of greater responsibility and economy efficiency from the institutions. In this sense it is questioned: what are the main issues of universal health care litigation? Can contracts of procedure regulate decisions that affect public budget management? How to provide accountability between agreements of the Judiciary and the Executive Branch within the SUS? Some theories are used: institutional dialogues theory; theory of the institutional capabilities; theory of the Civil Process of the Constitutional State; and theory of procedural flexibility. At the normative level, a joint interpretation is made between articles 190 of CPC/2015 and 20 and 22 of LINDB. The deductive /inductive method is used, through bibliographical and documentary research.
引用
收藏
页码:285 / 317
页数:33
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