Judicialização do acesso a medicamentos no estado da Paraíba: observações de decisões locais e análise de possíveis impactos para o sistema único de saúde

Abstract

The present study emphasizes the observation of judicialization processes, so that citizens have access to medicines, when the public administration does not fulfill the duty of supplying them to claimants, so that the judicialization of health is a consequence of not attending , by the State, to which article 196 of the Federal Constitution of 1988 determines. This paper aims to analyze the profile of these lawsuits in the state of Paraíba with decisions handed down in second instance by magistrates in 2019, as well how to historicize constitutional and legislative changes in the field of public health, verify the frequency of mention of opinions issued by the Judicial Technical Support Centers (NAT-JUS), which were created so that the positions adopted by magistrates have greater technical basis , in the decisions of the courts, and mention the presence, or not, of the drugs requested by the courts in the cases to be obtained served in the National List of Medicines - Rename, as well as whether they are registered with the National Health Surveillance Agency - Anvisa, a topic that has generated conflicts to be resolved by the courts. Literature searches related to the topic of interest for this research were carried out in the system made available by the Coordination Foundation for the Improvement of Higher Education Personnel - Capes due to the system's capacity to carry out searches in several databases and in search sites simultaneously. It is a descriptive, documentary and quantitative research. The documentary searches were carried out, for the collection and collection of data, through public consultation on the official website of the Court of Justice of Paraíba - TJPB, in the tab called “Jurisprudence - Registration of Agreements and Decisions”, which contain the decisions of magistrates held at second instance. The results obtained allow us to verify that the judicialization of access to medicines in the second procedural instance has been recurrent in the state of Paraíba, as has been happening in the other states of the country, with the judiciary having the fundamental role of realizing the rights of citizens in time. skilled, due to the urgency that some cases require and when the public administration does not, claiming that the judicialization of access to drugs impacts not only the structuring of the health system, but also the state budget. However, it is notable that the right to life and health cannot be conditioned to the limitations of any nature that the public administration incurs, since the phenomenon of judicialization has been occurring since the beginning of the nineties, being possible, therefore, to contingency resources, plan and visualize possible improvements to the management of the health system.