Between conflict and conciliation: Analysis of healthcare judicialization in Minas Gerais

Abstract

This study aimed to explore the perceptions of justice system representatives regarding the judicialization of healthcare in Minas Gerais, understanding the factors driving this practice and the strategies for interinstitutional cooperation. A qualitative methodology was adopted, with individual interviews ( from July 2023 to May 2024) conducted with two judges, four prosecutors, and two public defenders. The analysis used the category of social representation, focusing on health law, the sustainability of the Unified Health System (SUS), institutional responsibilities and interinstitutional dialogues. Judicialization was seen as a ‘tug of war’, reflecting the tension between individual demands and the limitations of the public system. Judicial decisions significantly impact resource allocation, challenging the sustainability of the SUS, but also provide opportunities to improve dialogue between branches of government and with citizens. Cooperation strategies, such as conflict resolution chambers and digital platforms, are essential to mitigating the impacts of judicialization and promoting fairer and more efficient management. It is concluded that the findings contribute to the literature on the judicialization of public policies and suggest an expanded research agenda integrating health system management and the judiciary.