Gestão judicial do direito à saúde: o papel estratégico do CNJ e do Fonajus na governança e sustentabilidade do sistema público de saúde em Roraima

Abstract

The judicialization of health has become an essential instrument for ensuring the constitutional right to health in Brazil, particularly in contexts of structural fragilities, such as in the state of Roraima. This study analyzed the impacts of the actions of the National Council of Justice (CNJ) and the National Judiciary Forum for Health (FONAJUS) on the judicialization of public health in Roraima, focusing on public management, the reinterpretation of the right to health, and the sustainability of the Unified Health System (SUS). Using a qualitative and quantitative approach, the research examined procedural and regulatory data from 2020 to 2024. The results revealed significant advances with the implementation of the Health Core 4.0 and the application of CNJ recommendations and FONAJUS guidelines, leading to greater alignment between judicial decisions and public policies. Notably, the Accreditation Agreement for Expert Consultants, a pioneering initiative in Roraima, addressed the shortage of healthcare professionals and provided technical and economic efficiency in tackling judicialization. The study also identified predatory practices and their financial and managerial effects, proposing strategies to strengthen integration between the Executive and Judiciary, as well as measures to ensure the sustainability of SUS.