Aspectos da Judicialização da Saúde do Estado de São Paulo

Abstract

Introduction: Pharmaceutical Assistance in the Unified Health System has provided access to prescribed drugs for user's treatment, but in some cases the prescribed therapies are not available in the public health system, which leads many users to opt for the judicial route in order to receive the treatment proposed by their prescribers, a phenomenon called 'Judicialization of Health'.Method: A comparison of the amount of lawsuits in the State of São Paulo over the past five years was performed.After identifying the required drugs through lawsuits, an analysis was made of whether these drugs are on the list of essential medicines of WHO 2019, ANVISA, RENAME 2017 and REMUME-SP, and if there was an evaluation of incorporation in CONITEC.Results: The 10 most requested drugs in lawsuits were antidiabetic drugs, anticoagulants, monoclonal antibody, antiplatelet agents and hepatitis C treatment.Of these drugs, all of them have ANVISA approval, however, the majority (80%) received a report by CONITEC not recommending their incorporation, and all (100%) are not included in RENAME 2017 and REMUME-SP.Of the total number of drugs required, the main drug groups were antidiabetic and psychotropic. Conclusion:The judicialization of health exposes the State's limits and institutional possibilities, and promotes the production of effective responses by public agents, the health sector and the justice system.Through the analysis performed, it is recommended to prepare cost-effectiveness studies to verify the need to incorporate these technologies in the public health system according to the population needs.