Desafios do federalismo cooperativo brasileiro e a judicialização das políticas de saúde.

Abstract

The present work seeks to understand the Brazilian cooperative federalism, with a main focus on the scope of local government, the judicialization of health policies, challenges and perspectives, based on current legislation and determinations, and aims to identify the effects caused by the judicialization of public health policies in cooperative federalism and to understand the social impacts and on the functioning of the health system caused in the municipalities.In these terms, the following question arises: what are the challenges and how do they affect the effectiveness of local government due to the judicialization of public health policies and what are the social impacts caused in the municipalities since the 1988 Constitution? The deductive approach method and the procedural method will be monographic, since it will analyze the impacts of the Judicialization of Public Health on Local Government. Finally, the research technique to be adopted will be bibliographic, with the analysis of texts, books and scientific articles that cover the theme of study, as well as through the quantitative and qualitative analysis of judicial decisions on the subject. The study of the subject is of fundamental importance, in view of the relevance of understanding the impact of judicial decisions on municipalities and how this affects the functioning, development and social inequality in Brazil, in addition, it is important because it contributes to the academic and political debate on federalism and health in the Brazilian context. That said, it is clear that the judicialization of public health policies has been a major challenge for local authorities in Brazil since the 1988 Constitution, imposing significant financial obligations on municipalities and undermining their ability to effectively manage and provide health services. This study, therefore, highlights the urgent need to find solutions to ensure eficiente management and cooperation between different levels of government to minimize social impacts and ensure fair access to health services, consequently, financial overload and judicial pressure compromise the planning and effectiveness of municipal health policies, making it essential to promote more efficient and informed local policies.