Studies published in indexed journals on lawsuits for medicines in Brazil: a systematic review

Gomes, Vanessa Santana; Amador, Tânia Alves

doi:10.1590/0102-311x00219113

Cited by 16 publications

(14 citation statements)

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“…Because of this growing demand, studies have been conducted in various Brazilian states in an attempt to understand the judicialization process by tracing the profiles of lawsuits, making inferences about lawsuits’ claims, characterizing the various aspects involved in lawsuits, and suggesting alternative solutions [22]. …”

Section: Discussionmentioning

confidence: 99%

“…Studies on lawsuits filed in others states of Brazil have found insulin glargine to be one of the most demanded medicines [22, 23]. To treat diabetes, the SUS provides oral hypoglycaemic agents such as metformin, glibenclamide, gliclazide, neutral protamine Hagedorn (NPH) human insulin, and regular human insulin [33].…”

Section: Discussionmentioning

confidence: 99%

“…Studies on right-to-health lawsuits against the public authorities indicate that much of this demand focuses on individual claims for medications [22, 25] and the predominance of private lawyers advocating for claimants in the large states of Brazil [22]. …”

Section: Discussionmentioning

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%

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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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“…There is an emerging body of scholarship on right-to-health litigation, but most studies tend to corroborate the views of public health administrators (Campos Neto et al, 2012;Chieffi andBarata, 2009, 2010;Ferraz, 2009;Gomes and Amador, 2015;Da Silva and Terrazas, 2008;Vieira and Zucchi, 2007;Wang and Ferraz, 2013). Yet the evidence for these claims is too-often obscured by ideological arguments and constrained by small samples, limited geographic coverage, and examination of very few variables.…”

Section: Judicialization From Below and The Quest For State Accountabmentioning

confidence: 99%

Patient-Citizen-Consumers: Judicialization of Health and Metamorphosis of Biopolitics

Biehl

2016

Lua Nova

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Situated at the meeting points of Law and Medicine, the "judicialization of the right to health" is a contested and hotly debated phenomenon in Brazil. While government officials and some scholars argue that it is driven by urban elites and private interests, and used primarily to access high-cost drugs, empirical evidence refute narratives depicting judicialization as a harbinger of inequity and an antagonist of the public health system. This article's quantitative and ethnographic analysis suggests, instead, that low- -income people are working through the available legal mechanisms to claim access to medical technologies and care, turning the Judiciary into a critical site of biopolitics from below. These patient-citizen-consumers are no longer waiting for medical technologies to trickle down, and judicialization has become a key instrument to hold the State accountable for workable infrastructures.

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“…A recent review article on lawsuits for access to medicines, published in a Brazilian public‐health journal, sought to aggregate available research (our own study included) in order to offer a more general, comprehensive account of the phenomenon of judicialization (Gomes and Amador ). Read critically, the article speaks to the extent to which the mythology of judicialization operates largely unchecked; the authors misread and inaccurately report on our research, restating conclusions that, while unsubstantiated by available evidence, have already made their way into the dominant narrative.…”

Section: De‐pooring People and Limiting State Accountabilitymentioning

confidence: 99%

The postneoliberal fabulation of power: On statecraft, precarious infrastructures, and public mobilization in Brazil

Biehl

2016

American Ethnologist

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In Brazil's hybrid government of social protection and market expansion, there is under way a fabulation of power, which ultimately serves to “de‐poor” people seeking care, working infrastructures, and justice while also shoring up state politics as usual. This process became evident through the failure of a collaborative research project that I coordinated on right‐to‐health litigation. In rethinking that failure as an experiment in public ethnography, I draw on core disagreements with public officials over the interpretation of our findings from a legal database. Analyzing these disagreements provides an entry point into the mechanisms of veridiction and falsification at work in Brazil, whose government sees itself as providing public goods beyond the minimum neoliberal state. Countering state mythology, public ethnography thus illuminates the improvised quality of postneoliberal democratic institutions and opens up new avenues for theorizing power and the political field. [public ethnography, judicialization of health, precarious infrastructures, postneoliberal statecraft, de‐pooring people, public mobilization, Brazil] Está em andamento no governo brasileiro—espécie híbrida de proteção social e expansão de mercado—uma fabulação do poder. Ela serve, em última análise, para “despauperizar” as pessoas que procuram por assistência à saúde, infraestruturas eficientes e justiça, enquanto que, simultaneamente, escora as políticas convencionais de Estado. Neste artigo, repenso um fracassado projeto de pesquisa colaborativa sobre a judicialização do direito à saúde como um experimento de etnografia pública. Para tanto, tomo as discordâncias interpretativas que tivemos com agentes públicos acerca de achados em um banco de dados de ações judiciais como uma janela para o entendimento dos mecanismos de veridicção e falsificação em atividade no Brasil, cujo governo se vê como provedor de bens e serviços públicos muito além do que um Estado neoliberal mínimo faria. Contrapondo mitologias estatais, essa etnografia pública ilumina o caráter improvisado das instituições democráticas pós‐neoliberais brasileiras, abrindo novos caminhos para teorizar o poder e o campo político. [etnografia pública, judicialização da saúde, infraestruturas precárias, estadismo pós‐neoliberal, despauperização, mobilização pública, Brasil]

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Studies published in indexed journals on lawsuits for medicines in Brazil: a systematic review

Abstract: Estudos publicados em periódicos indexados sobre decisões judiciais para acesso a medicamentos no Brasil: uma revisão sistemática Estudios publicados en revistas indexadas acerca de decisiones judiciales para el acceso a los medicamentos en Brasil: una revisión sistemática

Cited by 16 publications

References 20 publications

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

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

Patient-Citizen-Consumers: Judicialization of Health and Metamorphosis of Biopolitics

The postneoliberal fabulation of power: On statecraft, precarious infrastructures, and public mobilization in Brazil

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