ENCOURAGING THE ADOPTION OF CONSENSUAL CONFLICT RESOLUTION METHODS IN DEMANDS CONCERNING THE RIGHT TO HEALTH: AN ANALYSIS BASED ON RESOLUTION 530/2023 OF THE NATIONAL COUNCIL OF JUSTICE

Authors

• Thaís de Camargo Oliva
• Isadora dos Santos Zilio

Abstract

The main objective of this article is to understand actions to encourage the adoption of consensual conflict resolution methods (Mediation and conciliation – procedural and preprocedural) in demands that deal with the right to health through the use of Cejuscs from resolution 530 /2023 of the national justice council. To this end, the problem that drives the research asks: from the constitutionalization of health protection, how does the adoption of consensual conflict resolution methods mitigate judicialization? How does CNJ Resolution 530/23 encourage the adoption of self-compositional means? As for the methodology used, the approach method is hypothetical-deductive and the procedural method is monographic, using a bibliographic technique, containing an examination of the doctrine and legislation consistent with the topic. The conclusion was demonstrated that consensual dispute resolution methods are mechanisms capable of dealing with disputes appropriately and with quality, giving Judicial Conflict Resolution Centers a way to ensure the fundamental right of access to justice and the right to health generating satisfaction for the parties by providing useful and effective judicial provision.