Materializing institutional dialogues on universal health care litigation - Proposals of contracts of procedure, LINDB and transparency

Abstract

The purpose of this paper is bringing the problem of universal health care (SUS) litigation to the perspective of institutional dialogues and procedural flexibility, seeking solutions for the issue jointly between the State Powers. It is fundamental to seek methods of induction of greater responsibility and economy efficiency from the institutions. In this sense, it is questioned: what are the main issues of universal health care litigation? Can contracts of procedure regulate decisions that affect public budget management? How to provide accountability between agreements of the Judiciary and the Executive Branch within the SUS? Some theories are used: institutional dialogues theory; theory of the institutional capabilities; theory of the Civil Process of the Constitutional State; and theory of procedural flexibility. At the normative level, a joint interpretation is made between articles 190 of CPC/2015 and 20 and 22 of LINDB. The deductive / inductive method is used, through bibliographical and documentary research.