Social Systems, Health and Judicialization

an analysis of Rio Grande do Sul State data in 2018 from Niklas Luhmann’s approach

Authors

DOI:

https://doi.org/10.14393/RFADIR-v48n2a2020-53030

Keywords:

Niklas Luhmann General Theory of Social Systems, Right to Health, Health Judicialization, Health System

Abstract

The study seeks to understand how judicialization may compromise the integrity of the health system from Niklas Luhmann’s General Theory of Social Systems perspective. For this, it first seeks to know how judicial decisions act as irritations to the health system. Secondly, it analyzes the impact of these decisions on the system, based on data from health judicialization in the state of Rio Grande do Sul, in 2018. Finally, it analyzes the risks to the integrity of the health system related to judicialization, as well as the responses structured by the Brazilian political system. The study starts from the hypothesis that health system responses to threats posed by judicialization depend on responses from other social systems. The methodology is exploratory, with bibliographical research. It is concluded that the responsiveness of social systems to these irritations will define the possibility of maintaining their integrity and differentiation.

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Author Biographies

Tarsila Rorato Crusius, UniRitter – Laureate International Universities

Mestranda em Direitos Humanos pela UniRitter – Laureate International Universities, com bolsa CAPES. Psicóloga, com especialização em Gestão do Trabalho e da Educação na Saúde.

Martin Haeberlin, UniRitter – Laureate International Universities

Professor da Graduação em Direito e do Mestrado em Direitos Humanos da UniRitter – Laureate International Universities. Pós-Doutor em Economia (UFRGS), com bolsa CAPES. Doutor em Direito (PUCRS/Universidade de Heidelberg, 2014); Mestre em Direito do Estado (PUCRS, 2007). Pesquisador Visitante do Max-Planck- Institut für ausländisches öffentliches Recht und Völkerrecht (2013).  Advogado. 

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Published

2020-12-08

How to Cite

Rorato Crusius, T., & Haeberlin, M. (2020). Social Systems, Health and Judicialization: an analysis of Rio Grande do Sul State data in 2018 from Niklas Luhmann’s approach . Journal of the Faculty of Law of the Federal University of Uberlândia, 48(2), 363–377. https://doi.org/10.14393/RFADIR-v48n2a2020-53030

Issue

Vol. 48 No. 2 (2020): Journal of the Faculty of Law of the Federal University of Uberlândia

Section

Articles

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