Health mediation as an instrument for realizing the fundamental right to health

Abstract

The health conflict resolution paradigm represented by the judicial provision is in crisis and is unable to respond to the inherent disputes in a qualitative and quantitatively adequate way. However, the health conflict resolution paradigm represented by the judicial provision is in crisis and fails to respond to the inherent disputes in a qualitative and quantitatively adequate way. In view of this, this article aimed to respond to the question: Can health mediation be an adequate instrument of access to justice for the treatment of conflicts related to the right to public health in Brazil? It also analyzes some theoretical (and legal) aspects of the right to health as a human and fundamental right; and the contours of the crisis in the judicialization of the right to health, while it is relevant to the breaking of paradigms; to finally analyze whether health mediation can be an adequate tool for access to justice, with its respective implications. As methodological  procedures, the following are used: the documentary research, of exploratory character, whose nature, from the point of view of the investigation of the problem, will be especially qualitative. As for the research techniques, of direct and indirect documentation, bibliographic and documental techniques are used. The research object has legal, social, and economic relevance, given that the crisis of social rights represents a crisis of human rights, directly affecting the dignity of human life. Health mediation proves to be an adequate tool for accessing justice related to legal-health conflicts, since it turns antagonisms into points of convergence and collaboration, preventing and treating disputes in a dialogical, consensual and democratic manner.