Acesso à justiça pela via dos direitos no âmbito da saúde: mediação nas ouvidorias públicas do Sistema Único de Saúde

Abstract

This study aims to analyze the access to justice through health rights by means of the work of ombudsman services of the Unified Health System (SUS) and the use of mediation by ombudsman in this context, identifying whether it has been effectively adopted and the ways to adapt its use in promoting justice access through rights regarding the right to health, an approach that also touches on the treatment of conflicts. Considering the attributions established for the ombudsman services of the SUS, it appears that their work contributes to informing and training users about the right to health, considered in its individual and collective sense, promoting knowledge on the elements that make up the right to public health, and constitutes a way for the user to appeal to the legitimate authority to settle any dispute, elements that compose dimension for access to justice through rights. SUS ombudsman's office configures a channel for the implementation of the right to health in an individual sense, by provoking a response and action regarding violations of rights manifested by users, also contributing to the implementation in a collective scope, highlighting demands, needs and possible improvements to services and actions that make up the SUS. In order to fulfill its functions, the regulatory rule for SUS’ ombudsman service assigns it the task of promoting the adoption of mediation between users and public administration, which requires analysis of the instrument adequacy and the appropriate approach. This work includes analysis of data obtained in interviews with ombudsmen working in SUS ombudsman's offices in federated entities in Brazil, in order to better understand the reality of the service in question and the references for adapting mediation. Thus, the appropriate mediation for the SUS ombudsman service is configured as an informative process. The adoption of mediation under this concept in SUS ombudsman's offices is conducive to the service's performance in promoting access to justice through health rights and requires the assessment of the suitability of the method to the particularities of each individual ombudsman's office and the situation in which it will be applied.