The development of public health care policy: administrative competences, procedural joint liability, and challenges to improving Brazilian National Public Health System

Abstract

This study presents a reflection on the position of the Brazilian Judicial Branch in recognizing joint liability of government entities in providing services as part of the Brazilian National Public Health Systems (SUS). This study aims to demonstrate the need to avoid generalizing this interpretation in cases of judicial actions that have the power to change public policy. The question of joint liability should not be considered only from the procedural angle, but conversely, in terms of the fact that the federal government cannot continue to meet demands alone. In light of these unquestionable limitations in terms of the budget, human resources, and structure, strengthening institutional dialog will create a consistent, transparent, and improved system and it will stimulate the legitimate and long-lasting development of public health policies.