OS MECANISMOS DE GOVERNANÇA UTILIZADOS PELO ESTADO DE MATO GROSSO DO SUL PARA A GESTÃO DA JUDICIALIZAÇÃO DA SAÚDE

Abstract

The Federal Constitution established the right to health as a fundamental right, granting it a legal status that extends its effects transversally to other constitutional provisions, various branches of Law, the legislative framework, the judiciary, and public policies. In this context, there is, on the one hand, the citizens' expectation of receiving health services in a broad and unrestricted manner, while, on the other hand, the Public Administration faces limitations of a budgetary, operational, and administrative nature, among others. It is within this scenario that the phenomenon of "judicialization of health" emerges, significantly impacting the budgets and organization of public governance bodies, especially the Departments of Health. These agencies frequently receive judicial orders mandating individual health services, leading to increasing expenses and disrupting the balance of previously established public policies. In light of this situation, this research aims to identify the mechanisms and governance strategies adopted at the state level for managing the phenomenon of judicialization of health. From this identification, the study seeks to deepen the analysis of measures related to fulfilling judicial demands. The relevance of the study for state public administration lies in its detailed analysis of judicialization management policies, contributing to the work of public managers by presenting consolidated data on the effectiveness of the measures implemented. Based on knowledge and data analysis, the study presents some suggested intervention proposals with the aim of better measuring and managing the implemented management mechanisms, allowing a real analysis of their effectiveness. Among the proposals are the systematization of compliance data, increasing human resources and improving workflows