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Judicialization of health and public hearing convened by the Supreme Court in 2009: what has changed since then?

2014; Centro Brasileiro de Estudos de Saúde; Volume: 38; Issue: 100 Linguagem: Inglês

10.5935/0103-104.20140008

2358-2898

Dalila Fernandes Gomes, Camila Rufino Souza, Felipe Luiz da Silva, Julianna Alves Pôrto, Indyara de Araújo Morais, Maíra Catharina Ramos, Everton Nunes da Silva,

Brazilian Legal Issues

In 2009, the Supreme Court (STF) convened a Public Hearing to discuss the judicialization in health, in which 51 speeches were heard.Using a descriptive-analytical method, we aimed to systematize the speaker's arguments; to identify potential actions to overcome the problem; and to analyze what have been done since then.Public policies have failed in applying SUS principles in some individual levels and the judicialization should be seen as an exceptional instrument, not the rule of the system.The principal proposals adopted were: the use of scientific evidence in decision making (Executive and Judiciary) and the sustainability of health funding.In both cases there have been significant advances.