Deliberação sobre varas especializadas como mitigação à judicialização na saúde

The study questioned the reasons why specialized health courts have not yet been widely implemented throughout the country, considering that different studies regard this approach as a faster and more qualified form of judicial provision compared to current practices. To this end, the study initially reviewed research on institutional logics, which seeks to understand the discourse and actions of groups of actors who support changes in certain contexts, even when such initiatives fail to be implemented. The research sought evidence regarding the possibility of introducing specialized health courts and regulating their governance. This was conducted through interviews with professionals representing some of the most important actors in the field, as well as through a documentary analysis on the subject. The research confirmed, with few nuances, that specialized health courts are considered a more agile model capable of providing better legal outcomes. However, the main barriers to their implementation are related to disagreements among actors regarding the composition and role of medical advisory services within these courts, reflecting ongoing conflicts between the institutional logics prioritized by actors with greater decision-making power.