Administrative consensus as a tool for good governance: strategies to mitigate the judicialization of public health in Brazil

The judicialization of public health in Brazil has grown exponentially in recent decades, posing significant challenges to administrative governance and the efficient allocation of public resources. This study investigates the impact of this phenomenon on the formulation and implementation of health policies, analyzing the effects of judicial intervention on the management of the Unified Health System (SUS). As an alternative to excessive litigation, administrative consensus emerges as a viable approach to conflict resolution, promoting greater adherence to SUS guidelines and reducing the burden on the Judiciary. Through a literature review and document analysis, this study examines successful experiences of mediation and negotiation in the public sector, such as the Health Dispute Resolution Chambers (CRLS) and the Interinstitutional Committees for the Resolution of Health Claims (CIRADS). The research concludes that the institutionalization of consensual mechanisms can strengthen public governance, ensuring greater predictability, efficiency, and equity in the provision of health services.

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Publication Details

Journal
Seqüência estudos jurídicos e políticos
Published
2026-11-09
DOI
https://doi.org/10.5007/2177-7055.2026.e114905
Primary Topic
Public Health in Brazil
Type
article
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article

Administrative consensus as a tool for good governance: strategies to mitigate the judicialization of public health in Brazil

Cássio Bruno Castro Souza, Fábio de Sousa Santos, Leandro de Castro
Seqüência estudos jurídicos e políticos
Public Health in Brazil
article

Administrative consensus as a tool for good governance: strategies to mitigate the judicialization of public health in Brazil

Cássio Bruno Castro Souza, Fábio de Sousa Santos, Leandro de Castro
article en

Abstract

The judicialization of public health in Brazil has grown exponentially in recent decades, posing significant challenges to administrative governance and the efficient allocation of public resources. This study investigates the impact of this phenomenon on the formulation and implementation of health policies, analyzing the effects of judicial intervention on the management of the Unified Health System (SUS). As an alternative to excessive litigation, administrative consensus emerges as a viable approach to conflict resolution, promoting greater adherence to SUS guidelines and reducing the burden on the Judiciary. Through a literature review and document analysis, this study examines successful experiences of mediation and negotiation in the public sector, such as the Health Dispute Resolution Chambers (CRLS) and the Interinstitutional Committees for the Resolution of Health Claims (CIRADS). The research concludes that the institutionalization of consensual mechanisms can strengthen public governance, ensuring greater predictability, efficiency, and equity in the provision of health services.

Seqüência estudos jurídicos e políticosVol. 47(102)
Public Health in Brazil
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Administrative consensus as a tool for good governance: strategies to mitigate the judicialization of public health in Brazil — Cássio Bruno Castro Souza, Fábio de Sousa Santos, et al. · Seqüência estudos jurídicos e políticos (2026) | TGRS Research Map | TGRS