O dever dos entes estatais de disponibilizar informações públicas como funcionamento para o exercício do status activus processualis no controle de políticas públicas : uma proposta de canal de informação e transparência em políticas públicas da saúde (CITAPP Saúde) frente ao estudo da judicialização da saúde em Santa Cruz do Sul.

Abstract

Starting from the study of health judicialization in Santa Cruz do Sul, through the project "Judicialization and Public Political jurisdictional control: contribute for a health systemic administration through a cooperation between the social actors and powers", in the period of 2013 and 2014, destinated to the development of activities that may contribute to the improvement of SUS, one may discuss, based on the german theory of the state protection duty, (Schutzpflicht), about the duty of the state beings, of disposing qualified public information referring to the health municipal Public Administration, facing obligations imposed by law to the sate beings of transparence ando f access to information , grounded on the notion of status activus processualis, in the sense of providing the opening of information referring to the health public politics in the Municipality, powering the participatio of society as well as the acting of state powers in the controlo f public politicians, to, at last, propose na Information and Transparent Chanel in Health Public Politics (CITAPP S In this context, the problems consist in answering how is it possible to propose, based on the theoric fundamentals mentioned above, a qualification and amplification of all the information to be disposable at the municipal ambit, through the CITAPP SAÚDE, having qualified data referring to the public politics at the health ambit, as a procedure of potencialization of society participation ando f state powers actuation in the controlo f public politics. As an answer to such problematic, the work has been structured in the following way: first, one may speak of public political jurisdictional control, with focus in the health judicialization phenomenon; further, studying the fundamental principles of access to information, and of the good Public Administration, analysing the Law of Information Access, as well as the Transparence Portal and its operationality; in advance, one may work eith the german theory of the state protection duty as a fundament to the duty of the State in paying qualified information and transparence in the matter of public politics; next, one may study the Peter Haberle, notably, the notion of status activus processualis while a way to democratic participation through the procedure; and at last, suggesting the CITAPP SAÚDE, in the conception of amplification instrument and of qualification of the information to be payed, in the matter of health public politics at the municipal ambit, as a procedure of opening and of potentialization of social participation in the Public Administration. The work has a deductice-hypothetical approach method, the analytical procedure method and the bibliographical research technique. Still, one may believe that this work will contribute for a bigger control of public politics, through a diferente view of Public Administration, as well as in the efficiency of Public Politics, aligning , this way, to the concentration área of the UNISC Law Post- Graduation Programme, which searches to discuss this thematic, from a proposal and reflexive perspective. At last, one may conclude that the State, with the instruments which is giving to Society, does not pay the duty of State protection when paying public qualified information. There is an unsufficient protection, with a "non transparent" transparence, and an information access "without information".