Núcleos de apoio técnico como estratégia para as decisões judiciais: uma revisão frente à judicialização da saúde

Abstract

The Nucleus of Technical Support (NAT) is a strategy recommended by the Brazilian Federal Supreme Court (STF) that aims to assist judicial decisions through technical opinions, on the face of the health judicialization impasses. Through a qualitative study, this paper had the objective of describing the actions of this strategy in Brazil. Therefore, it was organized in three levels: first a literature review on the NAT strategy, then an active search which consists in an active search for records on NAT in each Brazilian state and, on the third level, the structure of the technical opinions available by the National Health Council (CNJ) and in the Ministry of Health (MS) was described. It has been noted that NATs have broadened the effectiveness of the right to health and facilitated the dialogue between the Executive and Judiciary branches, according to the synthesis about what the authors have been talking about NAT. In addition, more than 85 % of the Brazilian states have already adhered to this strategy. The study also showed that the technical opinions or technical notes provide a quick and structured response, presenting in its basic structure a political, economic and technical panorama on the target medicine of the judicialization.