Manual de Direito à Saúde

Right to Health Manual: Normatization and Judicialization
Coordination: Fábia Madureira de Castro Bicalho and Renato Luís Dresch

Based on the finding that the judicialization of access to health care was increasing and considering the complexity of the issue, the Federal Supreme Court (STF) held, in 2009, the public hearing # 04, intended to hear the testimony of people with experience and authority on the Single Health System, to clarify the technical, scientific, administrative, political, economic and legal issues related to health care actions, in an attempt to obtain improvements to improve judicial demands.
Following this initiative, the National Council of Justice (CNJ) published Recommendation No. 31, dated March 30, 2010, suggesting that courts throughout the country adopt measures to better support judges' decisions in order to provide better quality technique and efficiency in the solution of lawsuits involving healthcare. Subsequently, the CNJ approved Resolution No. 107 of April 6, 2010, establishing the National Judicial Forum for the monitoring and resolution of health care demands, with the attribution of elaborating studies and proposing concrete and normative measures for the improvement of procedures and the effectiveness of judicial processes, with the prevention of new conflicts, being structured by a National Executive Committee and State Executive Committees. The CNJ Recommendation No. 36, of July 12, 2011, was published, reaffirming Recommendation 31/2011 and expanding the Forum's area of ​​action for the demands of supplementary health. Lastly, Resolution No. 238 of September 6, 2016 was approved, which also suggested measures for the technical improvement of the demands of access to health and inserted in the debate the demands of supplementary health.
The National Executive Committee for Health is coordinated by a Councilor of the CNJ, while the State Committees, also composed of a multidisciplinary training among several professionals related to health, law and public health management and supplementary, is coordinated by a magistrate who directs the actions designed to identify the problems and suggest improvement measures considered relevant at the state level.
Within the attributions of contributing to the improvement of the demands that involve health care services, in order to facilitate access to information that could optimize the procedural routines, the State Executive Committee of Health of Minas Gerais decided to elaborate a "manual of right to health" in an attempt to synthesize information about standardization and judicialization. The Handbook consists of a collective work, drawn from a consensus among the various professional profiles, to support both law professionals, health professionals and management in decision making on access to health.
The work entitled "Manual of Right to Health: Normatization and Judicialization" aims to present the related themes to the Brazilian Unified Health System, in the sphere of public health, as well as supplementary health, contextualizing the judicialization in its conceptual and practical aspects, with the selection of a summary of topics considered relevant, analyzed in the light of the prevailing jurisprudence of the Superior Courts and of the statements approved in the three Health Days promoted by the CNJ.
The Manual is being presented in the digital version, a result of a partnership with the Federal Council of Medicine (CFM), and is accessible through a mobile application, allowing for constant updates to adjustments and additions of normative innovations.