Banca de QUALIFICAÇÃO: INEZ REGINA DA CUNHA REIS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : INEZ REGINA DA CUNHA REIS
DATE: 17/04/2024
TIME: 18:00
LOCAL: Video Conferência
TITLE:

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

KEY WORDS:

PUBLIC POLICIES. GOVERNANCE. SUPPLEMENTAL HEALTH. ANS. ROLL. JUDICIALIZATION

PAGES: 39
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

The health care model adopted by the Federal Constitution is one of shared provision between the Public Power and private institutions, in which private health plans help to complement the supply of services, alleviating part of the demand on the public system, reducing public spending on health. Health plans are regulated by the National Supplementary Health Agency (ANS), which establishes standards and supervises operators to guarantee the quality of services offered and protect the rights of beneficiaries. ANS also monitors the mandatory coverage of plans, which must follow certain standards defined in normative resolutions. Inertia or failure to execute a public policy arises the need to seek intervention from the judiciary to correct or implement it. In this context, judicial activity can be defined as a public service, because, despite being a political manifestation, it is also an activity organized to provide a benefit to the citizen. Aiming to prove the effectiveness or otherwise of jurisdictional provision as an element of improving the governance of the National Supplementary Health Policy, the general objective of the research is to demonstrate whether, by defining the legal nature of the ANS List, the STJ affected the said policy, since , based on its decisions, Law No. 14,454/2022 was promulgated and the regulation of Procedures and Events in Supplementary Health, prepared by ANS, was changed. The relevance of the topic lies in demonstrating the extent of the impact of the judiciary's intervention in the implementation of public policies, considering that it is a decision external to the implementation process, however, it greatly affects it. The justification for the research is to analyze the repercussion of the STJ's decisions on the National Supplementary Health Policy, as they can impact contractual relationships and go beyond the rights defended by the parties, reaching other public bodies linked to another power, in this case, the ANS. The theoretical foundations of public policies, governance in public policies and public value, judicialization of public policies and jurisdictional provision as a public service will be addressed. The methodology is the case study, the research is qualitative, exploratory and descriptive in nature. Finally, this research aims to discuss an intervention proposal relating to a consultancy and/or advisory activity to analyze the impact of STJ decisions on governance in public policies.

COMMITTEE MEMBERS:
Presidente - 2097907 - ELISABETH APARECIDA CORREA MENEZES
Externo à Instituição - PEDRO LUIZ COSTA CAVALCANTE - IPEA