Judicialization of health and public policies for medicines suplly: an analysis from the Brazilian Federal Court of the 5th Region

• Autor(a) principal: Passos, Daniela Veloso
• Data de Publicação: 2017
• Outros Autores: Gomes, Valéria Bastos
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Empíricos em Direito
• Texto Completo: https://reedrevista.org/reed/article/view/168

Analyzes the judicialization of health public policies in the federal courts, especially with regard to the supply of medicines under the Federal Court of the 5th Region in Brasil. It is a descriptive and exploratory study, qualitative and quantitative, conducted from partial research data investigating the lawsuits involving health public policies. As methodological approach performs an analysis of the main discussions involving this phenomenon in order to identify the guidelines of the National Council of Justice (CNJ) and the Supreme Federal Court (STF) to establish guidelines for health actions, and investigate how public drug policies are developed in Brazil, to better support the understanding and analysis of data. All the decisions taken totaled 1.045 judgments ranging from the period 2007-2014, cataloged and analyzed after excluding those considered irrelevant to this study. It was found that there is a court’s tendency to grant requests not listed drugs in the SUS list, disregarding arguments raised by the defense as regards compliance with existing public policies. It is also revealed that most of the decisions, there is a careful analysis of suitability, necessity and proportionality of the measure is limited to providing the action without considering the possible social and economic impacts that justiciability can cause (82.3%). In addition, there is a negligible presence of shares of collective nature (2.4%), prevailing individual lawsuits (85.3%).