Judicialization of medicines in Pernambuco: a case study

Abstract

In Brazil, lawsuits requesting procedures, products and treatments that are not provided by the Unified Health System have been increasing considerably. Therefore, the objective of this study was to characterize the lawsuits filed for the acquisition of drugs in the State of Pernambuco. The research had a qualitative-quantitative methodology. In the quantitative approach a cross-sectional study was carried out, analyzing judicial processes, between 2009 and 2010. The indicators listed were: author of the lawsuit; procedural and medical aspects of the lawsuits. For a qualitative approach a semi-structured interview was carried out. The interviewees were the main ones involved in the process of judicialization. Approximately 70% of the authors were assisted in the public health system and the main legal representative (44.7%) was the State Public Defender. The most frequent diagnosis was malignant neoplasia of the breast (14.1%), being antineoplastic and immunomodulators the most prescribed medications (37%). Part of the drugs required in Pernambuco was not included in the components of Pharmaceutical.