Separation of powers and institutional dialogues in health litigation

The present study, of an interdisciplinary nature, was carried on by professionals from both areas of law and health and aims at analyzing the judicialization of the right to health provisions, from the perspective of the needed institutional dialogue. The methods of bibliographic, documental and jurisprudential review were employed besides the empirical observation over practices adopted in some municipalities - in every case, documented on public access sources. It begins by identifying the enormous complexity of the area, uncovering all the acting interests on the health market by numerous players (patients, doctors, pharmaceutical laboratories, lawyers, NGOs and regulatory agents) and positioning the Judiciary activity in this complex picture. Following, it describes how the institutional dialogue leaves theoretical abstractions to operate in practical ways, through the interaction of several entities that are responsible for the recovery and promotion of health. In conclusion, we point the procedural transformation operated on health litigation, which involve the right to health and the relevance of inter-institutional communication to democracy.