Banca de DEFESA: INEZ REGINA DA CUNHA REIS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : INEZ REGINA DA CUNHA REIS
DATE: 05/12/2024
TIME: 18:30
LOCAL: Presencial
TITLE:

JUDICIALIZATION AND GOVERNANCE OF PUBLIC POLICIES: THE CASE OF THE NATIONAL SUPPLEMENTARY HEALTH POLICY

KEY WORDS:

Judicialization. Public Policies. Implementation. Supplementary Health. List. ANS. Reach. Absolute. Mitigated.

PAGES: 11
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

The research addresses the judicialization of the Public Policy of Supplementary Health with regard to the definition of the scope of the List of Procedures and Events issued by the ANS, impacting 51 (fifty-one) million users of health plans. The regulation of the public policy carried out by the ANS presented a problem of interpretation at the time of the implementation of the supplementary health policy, causing the delivery of the same product to be made in different ways to different consumers, as there was divergence about the definition of the character of the ANS List, whether exhaustive or merely sample. After the STJ defined the scope of the regulatory rule, the Legislative Branch issued Law No. 14,454/2022. The general objective of the research was to analyze whether the decisions of the STJ impacted the health policy with regard to the implementation of the policy of regulation of the provision of supplementary health services through the List of Procedures and Events in Supplementary Health provided by the ANS, especially regarding governance and public value generation. The research, of a qualitative nature, used in this investigation a comparative method with content analysis, supported by the strategy of a single case study. The results of the survey reveal that the Legislative Branch used the guidelines outlined by the STJ to issue the new law. The conclusions point to the positive collaboration of the judiciary in public governance with the generation of public value, without replacing the regulatory norm, with observance of the principles of deference, legal certainty and efficiency, with the maintenance of the economic viability of health plan operators and with the preservation of the interests of thousands of consumers. In order to establish a closer dialogue between the Executive and Judiciary Branches, it is suggested that the STJ adopt a consultancy/advisory service that assists in the identification of lawsuits related to public policies and that can support judgments with a report on public policies and that can subsidize the judgments with reports and technical opinions.

COMMITTEE MEMBERS:
Interna - 2097907 - ELISABETH APARECIDA CORREA MENEZES
Externo à Instituição - PEDRO LUIZ COSTA CAVALCANTE - MGISP
Presidente - 1100988 - SHEILA CRISTINA TOLENTINO BARBOSA