THE NATIONAL PLAN OF THE JUDICIAL POLICY FOR THE ADEQUATE RESOLUTION OF HEALTHCARE CLAIMS – A study on the implementation of the guideline for promoting mediation and conciliation.
Public Health. Judicialization. National Council of Justice. Collaborative Governance. Conciliation.
This study addresses collaborative governance in the context of health-related litigation in Brazil, highlighting interinstitutional dialogue as a strategic tool for promoting consensual solutions to healthcare assistance demands. The research aims to identify how the National Plan of the Judiciary Policy for the Adequate Resolution of Healthcare Assistance Demands, established by CNJ Resolution No. 530/2023, has been implemented, with an emphasis on fostering mediation and conciliation in both procedural and pre-procedural contexts. Initially, the study discusses the historical background of the right to health in Brazil, revealing an institutional paradox in which deficiencies in access to public policies drive judicialization, generating financial impacts that may hinder the management of both public and supplementary healthcare systems. The research is based on the perspective of collaborative governance, demonstrating the existence of an institutionalized model that prioritizes interaction among various stakeholders in constructing structural and sustainable solutions to ensure access to healthcare. Semi-structured interviews were conducted with eight authorities involved in implementing the National Plan, including members of State Committees from five states— São Paulo, Rio Grande do Sul, Mato Grosso, Rondônia, and Bahia—as well as a representative from CONASEMS (National Council of Municipal Health Departments) and FONAJUS. Data analysis was performed using Bardin's Content Analysis technique, resulting in the identification of two categories: (1) "Facilitating Factors of Implementation" and (2) "Challenges to Implementation." Based on the analyzed data, it is understood that the public policy under review has made significant progress in implementation, with active engagement from stakeholders and a real shift in the public management paradigm of health policies—both public and supplementary—promoting a sense of interdependence among the involved actors. The findings aim to contribute to the improvement of governance in resolving healthcare demands, enhancing efficiency and sustainability in both public and supplementary health systems, with positive effects on management and the protection of the right to health in Brazil.