Perspectiva médico-sanitária das demandas judiciais de medicamentos em um município polo de Minas Gerais

Abstract

Health in Brazil is constitutionally established as a right and duty of the State and the Health System's set of actions and health services through which the State proposes to guarantee all citizens the right to care health services and access to medicines. However, the claim for medicines in courts has become a significant phenomenon in Brazil, not necessarily translating into ensuring the health of the plaintiff. Therefore, this work aimed to study the lawsuits in a hub city of Minas Gerais State, with a focus on medical and health characteristics. The analysis was concentrated on all deferred lawsuits with request of medicines against the municipality of Juiz de Fora during 2012 and 2013, filed with the Department of Health. It was observed that 62.5% of prescriptions that supported the lawsuit were from public health establishments, 55.7% of the medicines were prescribed by the Brazilian Common Denomination and 26% of the prescriptions analyzed exclusively used the generic name. The main diagnoses that motivated lawsuits were chronic conditions such as cancer, eye diseases and mental disorders; there is consistency between the diagnoses and the medicines. It was found that 3.2%, 14.3% and 21.9% of the requested medicines were considered essential for Municipal Register of Essential Medicines, National Register of Essential Medicines 2010 and National Register of Essential Medicines 2012/2013, respectively; 0.7% of the medicines had no registration on Anvisa; 9.8% of the drugs were part of the cast of the Basic Component, 0.7% of the Strategic Component, 4.0% of the Specialized and 70.9% of the cast were not part of any component of the Pharmaceutical Assistance funding. 85% of the most medicines were prescribed for different indications than those registered in drug leaflet. Facing the cost of the judicialization of health and distortion of the concept of essential medicines used in current National Register of Essential Medicines, to restore the priorities for health care, the concept of essential medicines and the degree of enforceability of the right to health and access to essential medicines in fact becomes indispensable.