A mediação sanitária e judicialização da saúde em tempos de COVID 19

Abstract

The present study aims to analyze sanitary mediation as an appropriate method of conflict resolution in the face of the health judicialization in times of COVID 19. To this do so, it was necessary to bring up a brief analysis about the appropriate means of conflict resolution, as well as the considerations and institutes inherent to the theme worked on. As well, the particularities about mediation were highlighted. Going further, it needed to demonstrate the perspective of access to the fair legal order, in order to make it clear this prerogative is not limited to just joining the Judiciary. The health judicialization was also studied, from a bigger point of view and then, strictly to the pandemic scenario. Finally, the main goal of this study is to demonstrate other characters can promote the right to health, without having to use judicialization. On a continuous basis, the characteristics of sanitary mediation were exposed and what form can be replace in the context of the COVID 19 pandemic. With that been said, it is added that the methodology used was exploratory in nature with a qualitative approach, since the aim was to improve and expand knowledge about sanitary mediation regarding the health judicialization in times of pandemic. In this sense, the understandings were obtained through bibliographic research, since materials already produced were used and the method used was the deductive one, since it started from the assumption of judicialization as a common means of conflict resolution and it comes to mediation as an appropriate method of dispute settlement. Thus, it is concluded that sanitary mediation can be inserted in this context of COVID 19 to promote the health dejudicilization, at the same time it will promote a clarification of the negativity that surrounds it in an appropriate way.