The Public Prosecution's Office and the judicialization of health: institutional adaptations and effects on public policies
This project proposes to develop an analysis to understand the institutional effects of the judicialization of health on the Public Prosecutor's Office (Ministério Público - MP) and the effects of the performance of this institution on the judicialization phenomenon. In addition, we seek to understand the use of public civil actions by the MP for the guarantee of individual rights. To do so, we will carry out a case study, having as unit of analysis the State of São Paulo. The study will be divided into two stages: first, we will try to understand the profile of public civil actions from the national database resulting from a survey conducted by the CNJ in 2018. Subsequently, we will carry out a diagnosis about the institutional structure of the Public Prosecution Service in the state of São Paulo, mapping the specialized structures in the MP for action in the health area: in addition to institutional innovations that are focused on dealing with diffuse and collective rights (such as the creation of prosecution offices specialized, thematic working groups etc.), extrajudicial strategies for the defense of the right to health, such as the Terms of Adjustment of Conduct or civil investigation.