A Judicialização do Acesso aos Medicamentos: forma de circulação da mercadoria medicamento pela indústria farmacêutica e transferência de valor do Brasil para as nações hegemônicas do capitalismo

• Autor(a) principal: Sampaio, Laura Melo
• Data de Publicação: 2023
• Outros Autores: [e-mail]
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/20175
• topic: Judicialization of health; Pharmaceutical care; Marxist Dependency Theory; Production and circulation of medicines; Value transfer; Judicialização da saúde; Assistência farmacêutica; Teoria Marxista da dependência; Produção e circulação de medicamentos; Transferência de valor; Medicamentos; Política farmacêutica; Assistência farmacêutica; Sistema Único de Saúde; CIENCIAS DA SAUDE::SAUDE COLETIVA

In this work, based on the Marxist Theory of Dependence, the use of the judicialization of access to medicines by the pharmaceutical industry as a way of promoting the circulation of its goods in Brazil, closing the cycle of capital, was verified. Initially, the situation of Brazil's dependency, the Marxist theory of value and circulation of goods and the new theories of imperialism and financialization are discussed. Then, we analyze the production and circulation of medicines in the country and the lack of transparency of the pharmaceutical industry regarding the values of investment in research and development, used to justify the high cost of medicines. The situation of the judicialization of health in the country is presented, the rules of pharmaceutical assistance in the SUS and an analysis of the national legislation is made. The methodology was a literature review, analysis of judicial decisions in cases in which the State was required to supply the drug Zolgensma® through public consultation on the website of the courts of common justice of the Federal Judiciary Power (STF, STJ and TRF's), consultation of purchases made by the Ministry of Health of Zolgensma® in the SIASG (federal government purchasing panel) in 2022 and verification of the Ministry of Health's expenditure with the specialized component of pharmaceutical assistance in 2022, on the SIGA BRASIL portal, of the Chamber of Deputies . It is concluded that the right to health in Brazil has been interpreted as the mere consumption of health technologies, based on the medical report and art. 196 of the Federal Constitution and that the acquisition of medicines by the SUS to comply with court orders contributes to the transfer of value from Brazil, a country on the periphery of capitalism, through unequal exchange, that is, through the deficit in the trade balance, since Brazil has little production of technologically sophisticated medicines and also by paying patents and remitting profits to the pharmaceutical companies' headquarters countries.