A eficácia da mediação sanitária como política pública autocompositiva de acesso humanizado à justiça.

Abstract

The present dissertation has as its theme mediation as a self-compositional public policy to promote access to justice based on the dialogue of public and private institutions that work in the health area. To deepen the theme, we have the following research problem: can the health mediation procedure be a public policy of access to justice to seek positive results in the supply of medicines and to solve certain conflicts in the health field? As a hypothesis to the proposed problem, it is believed that, from the perspective of the public policy cycle, health mediation proved to be a viable alternative for resolving health conflicts in the eyes of legal operators, as well as in the eyes of actors and public bodies. In order to be able to answer the research problem, the general objective was defined: to analyze the effectiveness of health mediation as a public policy of access to justice to resolve conflicts in the health field. To develop the research, the deductive method of approach was adopted, and the bibliographic research technique was adopted. The work developed is in line with the line of research on Public Policies for Social Inclusion of the Master's and Doctoral Graduate Program in Law at the University of Santa Cruz do Sul, being directly linked to the research carried out by the supervisor of this dissertation. The theme shows great social and scientific relevance, given the high number of health demands and the urgency they require to be resolved by the Judiciary. The present work aims to identify mediation as an adequate, beneficial, quick and effective public policy for the solution of sanitary conflicts. The effectiveness can be proven by states and municipalities where this public policy on access to justice has already been successfully implemented. Considering the results obtained, it is concluded that the lawsuits are, in theory, a reflection of society, especially in terms of the need and urgency of certain medicines or health services. Still, taking into account the excessive number of demands that enter the Judiciary and that it often does not respond in an adequate, resolute and humane way, sanitary mediation has the requirements to become an effective public policy in the treatment of sanitary conflicts, providing access to justice. Therefore, self composition, in particular mediation, is a tool that, when used responsibly and appropriately, through meetings between the patient, doctor, hospital, managers, Public Ministry, Public Defender's Office, and other entities involved, presents better results. swift and beneficial to all involved.