Análise das demandas judiciais para aquisição de medicamentos no Estado da Paraíba

Abstract

Objective: To know the profile of warrants for drug supply filed with the Paraiba State Court against public officials. Material and Methods: We conducted a descriptive study of litigation between the years 2009 to 2010. Data were collected, grouped and submitted to statistical and content analysis. The main variables were: action conductor, duration of procedure, primary diagnosis, requested products, prescription by generic name, registration at ANVISA, medicine standardized by SUS. Results: Predominance of private legal representation, with all the requests upheld with an average of 452 days for delivery in the second jurisdiction. The medicines requested identified an increased prevalence of antineoplastic agents, insulin and angiotensin antagonists, being 28.86% prescribed by generic name and 23.71% in constant standardization of SUS. It was observed that the arguments by users and magistrates reinforce the preponderance of the right to health about allegations of state, either the absence of such law, separation of powers or the possibility of replacing the items requested. Conclusions: Data showed that the lawsuits stem of individual demands with prevalence of chronic degenerative diseases. If on one hand the judicial process is ensuring access to medicine, on the other it is not a guarantee of efficacy and safety treatment and disregards the public health policies. Therefore it is recommended an approximation between the subjects from the formation of committees constituted by health professionals in order to base judicial decisions and the review of the Pharmaceutical Assistance Policy.