Judicialization of health and public hearing convened by the Supreme Court in 2009: what has changed since then?

Gomes, Dalila Fernandes; Souza, Camila Rufino; Silva, Felipe Luiz da; Pôrto, Julianna Alves; Morais, Indyara de Araújo; Ramos, Maíra Catharina; Silva, Everton Nunes da

doi:10.5935/0103-1104.20140008

Cited by 2 publications

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“…The survey conducted in the SES/SP between 2010 and 2014 indicated an increase of approximately 63% in the number of lawsuits demanding the provision of health-related products, primarily medications. Although this increase follows an increase in the number of lawsuits at the federal level [ 14 , 26 ], it has not been observed in other states such as Rio Grande do Sul [ 27 ].…”

Section: Discussionmentioning

confidence: 99%

“…The hypothesis that the number of lawsuits increased because of the limited incorporation of new medicines into the SUS is a misconception when we consider that despite the changes in the policy of technological incorporation within the SUS with the creation of Conitec [ 15 ], which made the analysis and incorporation of new technologies into the SUS more transparent, responsive, and democratic [ 14 ], the number of lawsuits continues to increase in Brazil. Therefore, the argument that the increase in the number of lawsuits is often attributed to the failed or delayed incorporation of new technologies into the SUS is unjustified.…”

Section: Discussionmentioning

confidence: 99%

“…In several Brazilian states, there is a strong correlation between high socioeconomic status and the number of lawsuits filed [ 7 , 12 , 13 ]. Currently, the steady increase in the number of lawsuits is attributed to poor management of PA [ 11 ], delays in the supply of medications, inaction, and insufficient incorporation of new technologies into the SUS [ 14 ]; medicines are the emphasis.…”

Section: Introductionmentioning

confidence: 99%

“…Through Conitec, the evidence-based effectiveness, accuracy, efficacy, and safety of the integrated technologies are analysed and the economic benefits and costs of these technologies are compared with those of technologies already incorporated [ 15 ]. Using this strategy, the process of analysis and incorporation of new technologies into SUS has become more transparent, responsive, and democratic [ 14 ]. Despite these changes, the number of lawsuits continues to increase in Brazil.…”

Section: Introductionmentioning

confidence: 99%

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Legal access to medications: a threat to Brazil’s public health system?

Chieffi

Barradas

Golbaum

2017

BMC Health Serv Res

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BackgroundIn Brazil, health is fundamental human right guaranteed by the Constitution of 1988, which created the Brazilian Universal Health System (Sistema Único de Saúde - SUS). The SUS provides medications for outpatient care via policy of pharmaceutical assistance (PA) programmes. Despite the advances in PA policies which include the improvement in access to medications, there has been a significant increase in lawsuits related to health products and services. This study aimed to characterize the medication processes filed between 2010 and 2014 against the Secretary of State for Health of São Paulo (State Health Department of São Paulo - SES/SP), in Brazil, following PA policies.MethodsThis descriptive study used secondary data on medication lawsuits filed against the SES/SP between 2010 and 2014. The data source was the S-Codes computerized system.ResultsIn the period evaluated, the number of lawsuits filed concerning health-related products increased approximately 63%; requests for medications were predominant. Approximately 30% of the medications involved in court proceedings were supplied via PA programmes. With regard to medications supplied via specialized component, 81.3% were prescribed in disagreement with the protocols published by the Ministry of Health. Insulin glargine was the most requested medication (6.3%), followed by insulin aspart (3.3%). Because there is no scientific evidence that either of these medicines is superior for the treatment of diabetes, neither of them has been incorporated into the SUS by the National Commission for Technology Incorporation. The judicial data showed that most of the lawsuits involved normal proceedings (i.e., individual demands), were filed by private lawyers, and named the State of São Paulo as the sole defendant, demonstrating the individual nature of these claims.The data indicate inequality in the distribution between the number of cases and lawyers and the number of lawsuits and prescribers, evidencing the concentration of lawyers and physicians in filing lawsuits.ConclusionThe judicialization of health in the State of São Paulo with the characteristics presented herein is a threat to the SUS.

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Section: Discussionmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Legal access to medications: a threat to Brazil’s public health system?

Chieffi

Barradas

Golbaum

2017

BMC Health Serv Res

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“…Ademais, essa lei dispõe que a Poder Judiciário tem determinado ações à administração pública para fornecimento de serviços ou tecnologias em saúde, quando estes não se encontram disponíveis no SUS.Em Minas Gerais, entre 1999 a 2009, 36,4% dos procedimentos demandados judicialmente se referiam à solicitação do SIC(GOMES et al, 2014b) De 2009(GOMES et al, 2014a). Ademais se observa que as ações judiciais em saúde contra a União vêm crescendo paulatinamente: 10.486 casos novos em 2009, 11.203 em 2010, 12.811 em 2011 e 13.051 em 2012(GOMES et al, 2014a).…”

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Novas tecnologias para o manejo do diabetes tipo I : cenário nacional e internacional

Silveira¹

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Diabetes is a disease whose prevalence is increasing about 25% per year in the Brazilian population. The disease is associated with complications that can significantly affect the quality of life of patients, besides having a high cost to the National Health System (SUS).Given the numerous advances in the field, the present study describes the current situation of research in the area, including studies in laboratory phase, clinical trials and patents, pointing to the technology that would be ready for incorporation by the SUS. Such technology identified suitable for use was the continuous infusion of insulin System (SIC). From this analysis, we sought to identify practices and experiences of departments, federal government and health organizations with the introduction of insulin continuous subcutaneous infusion system (SIC). For this, a qualitative approach was adopted with the use of questionnaires and forms of information requests to the federal government. On the national scenario, most departments (83%) have received claims for SIC purchase and an increase in demand is noticed in the past 5 years. In the international scenario, most of the organizations that participated in the study (47%) provide the SIC to type 1 diabetic patients, claiming it promotes better blood glucose control and glycated hemoglobin, and a considerably improves the quality of life. These results are linked to an additional cost of approximately R$ 9,500 when compared to traditional treatment, which demonstrates a need for studies to establish which would be the SIC more cost-effective for the system and the financial impact of this technology in the SUS.

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Judicialization of health and public hearing convened by the Supreme Court in 2009: what has changed since then?

Cited by 2 publications

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Legal access to medications: a threat to Brazil’s public health system?

Legal access to medications: a threat to Brazil’s public health system?

Novas tecnologias para o manejo do diabetes tipo I : cenário nacional e internacional

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