Cost-effectiveness as a criterion for incorporation of medicines by public healthcare policies: the need of including such analysis in administrative decisions

• Autor(a) principal: Dias, Eduardo Rocha
• Data de Publicação: 2023
• Outros Autores: Leitão, André Studart, Lima, Niliane Meira
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/29938
• topic: health; cost-efficiency; motivation of the administrative act; judicialization; institutional capacities; saúde; custo-eficiência; motivação do ato administrativo; judicialização; capacidades institucionais

This article assesses the constitutionalising of the right to health and its regulation by Law n. 8.080/90, highlighting the need to analyse the law and the costs it implies in light of the scarcity of resources. It highlights the role of the National Commission for the Incorporation of Technologies in the Unified Health System in the activity of analysing the incorporation of medicines in the list of drugs financed by the public health policy. The research is based upon a methodology of critic analysis of the decisions of the above mentioned commission as well of those issued by courts regarding the same subject. It addresses the need, for the evolution and qualification of health services by federative entities, of compliance with the competences established by law and the legal criteria for the analysis of requests for the inclusion of new health technologies, pointing them out as necessary to the composition of the motivation of the decision-making act regarding inclusion or non-inclusion of drugs. The article draws attention to the need for didactic evolution and better publicizing the understanding of the analysis carried out by the Ministry of Health, in order to allow for better qualification of the judiciary in view of the demands that are presented to it on the subject of the supply of non-agreed medicines within the scope of public policy, including with regard to the need to consider the institutional capacities of the entities legitimated for health services.