HEALTH JUDICIALIZATION AND SOCIAL SYSTEMS THEORY:

NARRATIVE REVIEW

Abstract

The complexity of the judicialization of health opens space for the systemic investigation matrix. What is the state of the art of studies on judicialization by Niklas Luhmann's Theory of Social Systems? The objectives of this study are to identify the perception of the phenomenon and the understanding of its effects and to indicate the gaps in the area. A narrative review of the literature was carried out, surveyed on the sites Scielo, Lilacs and Google Scholar with the terms “Judicialização da Saúde” AND “Teoria de Sistemas”. The analysis was diagrammed in conceptual tables using the theoretical categories complexity; self-referentiality; structural coupling; communication and decision making. The main result is the identification of judicialization as an overload of the judicial system, marked by its operational closure. As a contribution, the formulation of research gaps is presented: the systemic nature of judicialization, the survey of empirical evidence, the parameter on the phenomenon by region and the methodology of systemic observation.