Título:	Judicialização de medicamentos ao Estado, equidade e a experiência do NATJUS/DF
Autor(es):	Gualberto, João Marcos Souza
E-mail do autor:	gualberto781@gmail.com
Orientador(es):	Holanda, Marianna Assunção Figueiredo
Assunto:	Judicialização da saúde Acesso a serviços públicos de saúde Medicamentos Equidade em saúde Bioética
Data de publicação:	30-dez-2020
Data de defesa:	31-jul-2020
Referência:	GUALBERTO, João Marcos Souza. Judicialização de medicamentos ao Estado, equidade e a experiência do NATJUS/DF. 2020. 87 f., il. Dissertação (Mestrado em Bioética)—Universidade de Brasília, Brasília, 2020.
Abstract:	The judicialization of public health for the supply of medicines has increased dramatically in the last decade. This phenomenon results from several factors, such as the inefficiency of the State in supplying the drugs listed in SUS; the growing appearance of new drugs; the pharmaceutical industry's marketing about doctors and patients; the medicalization of today's society and the high costs of treatments. In this way, judicialization requires that managers allocate budget resources from the community to meet individual demands. So that there can be the promotion of inequities, since such resources end up serving those who had access to the judiciary to solve their demands, while others remain without assistance, being doubly penalized without access to health and the judiciary. However, sometimes, the Judiciary is the last resort of the citizen, when his / her rights are denied due to the State's failure to provide him with the medicines provided for in public policies, since health is a fundamental good, being a global ethics of societies. In view of these factors, the objective was to discuss the importance of technical-scientific analysis of judicial demands for medicines; talk about equity in the distribution of scarce health resources, their bioethical aspects and the role of NATJUS in this system; propose solutions for speed and greater efficiency in decisions involving health. There was a qualitative and quantitative survey of public data related to requests for technical opinions from NATJUS / DF between July 2018 and October 2019. It was noted that, in this sample, the judicialization of health in the DF mainly covers social classes C ( 35%) and D (22%); the most common pathologies were Diabetes (23%), Hemophilia (17.5%) and Rheumatoid Arthritis (12.7%); the most requested drugs were Rituximab (20%), Insulin Detemir (14.5%) and recombinant Factor IX (12.3%); the main plaintiff was the Public Defender in 84.3% of the cases; in 58% of the cases, the demands were dismissed for presenting options in the SUS (72%), for being asked for experimental drugs (20%) and for not having registered with ANVISA (8%); the deferred demands add up to 42% and occurred due to presenting medications provided for in SUS but not being made available to petitioners (48%) and those due to scientific evidence of effectiveness (52%) even though they are not standardized; magistrates followed the opinions of NATJUS in 89.5% of the cases. It is concluded that the technical-scientific analysis on a case-by-case basis is essential to obtain fair and equitable judicial decisions in health, for this it is important to integrate the law and the health area, because such demands when unjustified can cause inequities. Many legal demands could be avoided if the State effectively complied with public policies and if doctors prescribed standardized drugs as the first treatment option. Social classes C and D were the ones that most judicialized, but class E did not judicialize much, showing less access to knowledge of the notions of rights and citizenship. The equitable distribution of health resources should be sought, as this guarantee depends on its fair allocation, so that effective and quality public policies can be implemented.
Unidade Acadêmica:	Faculdade de Ciências da Saúde (FS)
Informações adicionais:	Dissertação (mestrado)—Universidade de Brasília, Faculdade de Ciências da Saúde, Programa de Pós-Graduação em Bioética, 2020.
Programa de pós-graduação:	Programa de Pós-Graduação em Bioética
Aparece nas coleções:	Teses, dissertações e produtos pós-doutorado

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