Judicialização do acesso a medicamentos e políticas públicas: um estudo de caso do estado do Paraná de 2018 a 2020

Abstract

The realization of the right to health under the SUS, based on the principle of equity and universality, occurs through a combination of public policies, actions, and health services made available to the population, including pharmaceutical assistance and the formulation of drug policy. The guarantee of the right to health is an essential condition to ensure the right to the city, as a dimension of the social right, thus establishing a relationship of interdependence between both. The problem that this research proposes to answer is to seek to identify whether judicialization can be understood as a mechanism to circumvent the public health policy to obtain medicines that are not contemplated, or its use is the way to achieve the universality and equality that it proposes. For this, it was established as an objective to analyze the data of judicialization of access to medicines in Paraná, between the years 2018 and 2020, characterizing them as to registration at ANVISA, evaluation by CONITEC and how they are regionally distributed. This is a qualitative research, aimed at identifying the main drugs claimed in court against the State of Paraná (with or without other entities in the passive pole), the amounts spent on their acquisition and distribution at the regional level; descriptive and bibliographic research contemplating the right to health and its interrelation with the right to the city, the judicialization of access to medicines and the mechanisms involving the incorporation of drugs in SUS. As a conclusion, the exponential growth in relation to the amounts spent on the judicialization of medicines in the state stands out, with the most demanded being those belonging to the antineoplastic therapeutic class, indicated for the treatment of several cancers, therefore, oncological medicines. Finally, it is considered that identifying the main characteristics of the judicialization of access to medicines at the state level is important because it can help managers who work directly with public policies related to health care to make decisions, besides bringing to discussion the relevant role of the judiciary in the context of public health.