Clinical protocols and judicial interventions for the treatment of Spinal Muscular Atrophy – SMA: a possible dialogue?

Abstract

The insufficiency of public policies that guarantee access to social rights such as health have mobilized citizens to seek, through the judiciary, the provision of health products and services. In the field of public health, compliance with court decisions is reflected in the management of resources by federated entities that carry out health actions based on the organization established in the Federal Constitution and infraconstitutional legislation, which is not always observed in the numerous processes that deal with the matter. in Brazilian courts. The work intends to analyze, through the study of a concrete case, which is the judicialization of access to the treatment of Spinal Muscular Atrophy - SMA, given the extremely high cost of drugs for the treatment of the disease, what are the parameters adopted by the judges when determining the obligation to supply by a public entity and make a comparison with the existing public policy in the SUS, promote interdisciplinarity between the two areas of knowledge, legal and public health, aiming to contribute to rational use of public resources resulting from judicial decisions and in the development of public policies for the treatment of AME.