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REVIEW
in the National Unified Health System: a systematic review
Chart 1. Characterization of included studies according to the thematic lines, main objective and main outcome.
Thematic Author/
Main objective Main outcome
Lines Year
Oliveira et To analyze the possible contribution of The extrajudicial performance of the
al., (2015)13 the Public Prosecutor’s Office (MP) for Public Prosecutor’s Office is more adequate
effective right to health. to address the complexity of the right to
health and health policies in Brazil.
Machado, Analyze how the MP can contribute to Interface between a resolute MP, social
(2013)4 effective management councils. management and management councils is
important.
The Public Prosecutor’s Office , the right to health and social control in the SUS
Lehmann, To analyze how the MP should act in The MP should focus on strengthening
(2013)8 the field of population participation population participation.
in health.
Oliveira, To evaluate the tension between the The MP must find solutions through
(2013)14 preventive action and the institutional resolution, which provides mechanisms for
autonomy of the Brazilian MP. expanded democratic citizen participation.
Santana, To examine the actions of the The extrajudicial action of the MP provides
(2011)11 Attorney-General Office at the a valuable space for interaction with health
Municipal Health Council of Rio de councils, strengthening their performance.
Janeiro.
Batista e To understand how social stakeholders There is a setback in participatory practice
Melo, ensure the right to participate in in the health sector.
(2011)15 political decision-making in Health.
Asensi, To study how the institutional scheme The institutional scheme established
(2010)12 between MP, society and members of between the MP, health councils and
municipal management develops. management has facilitated actions focused
on the public sphere.
Ribeiro, To identify the possible interaction Interaction among stakeholders marked
(2008)6 between MP and health councils in the by subordination. Offense against the
right to health advocacy. principles of the SUS finds resistance in
MP’s actions.
Machado et To analyze the new participation Association between CS and MP has been
al., (2006)16 model, mainly from institutional recurrent and has reciprocal advantages for
stakeholders MP and CS. these two social stakeholders.
Machado, To analyze the current relationships The MP has fostered greater interaction
(2006)3 between the MP and the Health between the management of services
Council. and health councils, establishing a
space for dialogue. The joint action of
the MP and Health Councils has led
to the establishment of new ways and
mechanisms of negotiation and agreement.
it continues
form social reality and create greater interaction of harmless adaptation and is a fundamental at-
with society, by providing mechanisms to in- tribute for MP’s successful efforts to draw other
crease citizen’s democratic participation14. social stakeholders nearer and foster a new, more
From the results of the selected research, we resolutive and contemplative molding of plural
can infer that there is a certain plasticity in the suggestions of social control in the SUS.
extrajudicial performance, which would not be Asensi12 affirms that health juridicity is de-
possible in the rigid procedural action, especially veloped using dialogue, which is the approach
for the possibility of agreement, adjustments, use of the conflict from the legal viewpoint, without
of spaces and dialogical provisions that imple- necessarily there being a judicialization, leading
ment the right to health, but also the right to citi- to an appreciation of institutions with democrat-
zen’s full participation. This plasticity is a quality ic practices.
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expertise.
Farias To verify the actions of the health Actions marked by the co-optation of
Filho et al., counselors regarding their collective health counselors and the definition of
(2014)18 participation actions. deliberative agendas by the manager.
Bispo To analyze Health Councils as Health Councils are mechanisms for
Junior e expanded democracy spaces. expanded democracy, understood as the
Gerschman, assurance of social rights.
(2013)5
Oliveira et To describe and analyze the dynamics The Health Council operates several
al., (2013)19 of social participation in the CMS mechanisms to improve its modes of
of Belo Horizonte (MG) and verify action, organization and commitment of
possible signs of institutional reaction the stakeholders to this forum.
to the difficulties reported.
Moreira To understand reactions and Health Councils have an autonomy and
e Escorel, rules of the Health Councils organization issue.
(2009)9 institutionalization process.
Van Stralen To investigate the effective Councils have little impact on the
et al., participation of Municipal Health restructuring of health services.
(2006)20 Councils in the management of health
policies.
Oliveira e To analyze the participation practices Authoritarianism and cooptation
Pinheiro, in the Municipal Health Council of a in relationships between municipal
(2010)21 capital of the Brazilian Northeast and managers and representatives of civil
its relationship with the local political society. Counselors recognize the fragile
culture. deliberative and oversight power of health
councils.
In the protection of the democratic regime, tween the different spheres of public powers and
MP’s role in the health sector should be directed their relationship with society16, since the MP
not only to ensure the right to health, but above must be there at all times, fostering and qualifying
all the proper functioning of the health system8. social participation, complying with an important
The ministerial institution should focus its ac- educational and creative role in social change3,16.
tion mainly on promoting deliberative democra- Lehmann8 uses the expression “participatory
cy, materialized as population participation, and democracy”, repeating Paulo Bonavides, and at-
this last principle of the SUS is recommended in tributes to it society’s reviving role as a subject
the Federal Constitution4. of active law in the supervision and management
Machado3 affirms that civil society action of off-balance collective assets, using population
ends up in the very State institutions. However, participation in deliberative spaces, such as the
this assertion must be seen not only from the Health Councils as a tool. Social stakeholders
standpoint of society seeking protection, but must take ownership of these democratic spac-
from the perspective of society seeking institu- es, establish robust partnerships and internalize
tional partnerships that strengthen existing social the constant struggles for the assurance of con-
movements or struggles and allow the impact or stitutionally guaranteed social rights6. Of course,
legitimacy necessary for the realization of rights. these authors take ownership of the epistemolog-
The institutional partnership most suited to the ical background underpinning the structuring
promotion of the right to health is the one that discourse of social rights inscribed in the legal
takes place between the MP and Health Councils, method theory22-27 and of the perception that the
as it is an element of strengthening social control legal discourse is established in the constructive
and promoting collective health, which explains way of the constitutional identities of a popula-
the relevant structuring and interaction of these tion and its capacity of articulation and action
two oversight instances. as conditions to react to the processes of social
exclusion and people’s iconization in the bias of
Health Councils, participatory democracy purely rhetorical political participation22,23,25.
and population participation During the national redemocratization pro-
cess, social movements returned to the theme
Assuming that the Health Council (CS) is of social participation as a claim for democra-
MP’s main partner, Machado FRS3 observes that cy, envisaging a new tool of societal expression,
there are reciprocal advantages in cooperative representation and participation, with the op-
action, since the MP enriches the CS’s perfor- portunity to imprint a new format in public pol-
mance with symbolic and practical resources, icies, especially in the area of health6. With the
and this validates MP’s action in the protection perception of poor representative democracy in
of the right to health, bringing demands whose finding a solution to the problems found, the
content is social reality. Dialogue between the ideal of participatory democracy emerges as a
two instances is an example of how it is possible strategy capable of ensuring greater citizen par-
for MP to escape from paternalistic practices that ticipation5,21.
replace civil society’s work, and to rethink their With adherence of the 1988 Federal Consti-
legal practice based on an approximation with tution to the democratic banners of the Health
the reality of public health3,16. Reform, community participation in the SUS has
The MP should seek to contribute to the been institutionalized: conferences and health
Health Councils so that they advance especially councils11,28. Health Councils emerge to meet the
discussions involving regimental and technical constitutional guideline of population participa-
issues, although the discussion process is ham- tion and as a model of participatory democra-
pered by a political culture that hardly recogniz- cy, since they inaugurate the possibility of direct
es and respects the other as a citizen19. The MP participation of the population in local manage-
should foster an increasing dialogue between the ment6. After a few years of formal implementa-
management of services and Health Councils in tion of this democratic management model, it
order to find a solution to the health problems of is important to evaluate whether the material
the municipality. achievements of incorporating society in man-
The space for dialogue between these bodies agement actually occurred, as well as which are
establishes a new field of practices for the im- the difficulties and possible solutions.
provement of the democratic state, establishing Oliveira & Pinheiro21 recognize the impor-
new forms and mechanisms of agreement be- tance of democratizing the relationship between
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equal respect and consideration for the adequate It was verified an inter-institutional dialogue
justification of acts of power30, which tend to trans- is ongoing, as well as that innovated in the res-
late into new gains for qualitative and population olution of conflicts essential for the mutual
participation in public health management. strengthening of both instances and for effec-
Citizen participation was one of the ideals of tive social control of the SUS, since the MP can
the redemocratization process that guided the ensure the autonomous functioning and com-
constitutional framework in the establishment of pliance of the decisions of Health Councils and
the Unified Health System and its guidelines, so these, in turn, can legitimize the MP’s work, that
that its concept cannot be dissociated from the is, the data seem to confirm that there is a need
idea of democracy. Besides being a discourse that for closer ties and dialogue between oversight
guides the planning, population participation agencies, with gains for all.
must become a practice, since it has the potential The current Brazilian political context, which
to legitimize institutions and public spaces and threatens freezing health resources, demands that
to make important changes to realize the right to the MP be increasingly close to social demands,
health. Thus, rethinking the role of the MP in the stimulating and strengthening population par-
area of public health is to redirect institutional ticipation and overcoming the shortcomings
actions and strategies for the proper functioning faced by Health Councils, seeking to prevent
of Health Councils as democratic instruments of democratic backwardness.
power. Results suggest that Health Councils have al-
ready consolidated their establishment, but there
are still difficulties and challenges for the demo-
Final considerations cratic and transparent management of resources in
health, which opens up space and justifies MP’s ex-
We can observe that most of the scientific papers trajudicial and resolutive preparedness, especially
and Master’s dissertations analyzed show the im- with regard to (a) fostering popular participation
portance of interface between the MP and the through social mobilization and political articu-
Health Councils in strengthening social control. lation; (b) motivating and supervising the regular
We found that it is incumbent upon the MP to technical training of health counselors; (c) mediat-
contribute to the effective right to health, which ing the establishment of new forms of agreement
can be achieved through the strengthened social between managers and society in addressing the
control exercised with municipal health coun- issues that point to deviations in the implementa-
cils. The institutional control in the SUS carried tion of health services policies; (d) improving the
out by the MP, mainly in relation to its perfor- structural and administrative working conditions
mance and interaction with the Health Councils, of counselors; e) overseeing compliance with Res-
has been developed more on the resolutive and olution 453/2012, especially regarding the election
extrajudicial matrix, with the strengthening of to the presidency of health councils, verifying the
the dialogue with other social control agencies, need to change local laws, and (e) rational and
making relations between State and society more adequate judicialization of health policies seeking
horizontal and permeable. rebalance of federal responsibilities.
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Pereira IP et al.
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