Abstract
To analyze the national and international scientific evidence available in the literature on types of judicialization of health lawsuits. Integrative review, which selected primary studies in the PubMed, LILACS, Web of Science and Scopus databases, with the. judicial decisions, health's judicialization, Saúde (in Portuguese), Health, and the keyword: Judicial Action. 30 studies were selected. In Brazil, the majority were legal claims for medicines and the other for medical errors, requests for vaccines, supplies for diabetics, food compounds, surgical procedure, examinations, among others. In international studies, lawsuits were found for medication, benefit coverage and hospitalization for psychiatric treatment. It is evident that the most demanded type of lawsuit was access to the medication at an international level. It is still more noticeable the little discussion on this subject, demonstrating that judicialization of medicines can indicate a reality of Brazil.
Highlights
Methodological framework and stagesThe fact that the Constitution of the Federative Republic of Brazil of 1988(1), in its art. 196, describe that “health is the right of all and the duty of the State, guaranteed by social and economic policies aimed at reducing the risk of diseases, and universal and equal access to lawsuits and services for their promotion, protection and recovery”, initiated a phenomenon that today is denominated “judicialization of health”
In Brazil, judicialization of health began in the 1990s, with a high demand for lawsuits by the Judiciary to ensure that managers of public health services provided antiretroviral medications
According to a study carried out by the Oswaldo Cruz Foundation - Fiocruz, “Judicialização da Política de Saúde nos Municípios Brasileiros: Um retrato nacional”, a profile of the judicialization was presented in the city of São Paulo, following a pattern presented in the national survey, where 65% relating to medicinal products[4]
Summary
Methodological framework and stagesThe fact that the Constitution of the Federative Republic of Brazil of 1988(1), in its art. 196, describe that “health is the right of all and the duty of the State, guaranteed by social and economic policies aimed at reducing the risk of diseases, and universal and equal access to lawsuits and services for their promotion, protection and recovery”, initiated a phenomenon that today is denominated “judicialization of health”. According to a study carried out by the Oswaldo Cruz Foundation - Fiocruz, “Judicialização da Política de Saúde nos Municípios Brasileiros: Um retrato nacional”, a profile of the judicialization was presented in the city of São Paulo, following a pattern presented in the national survey, where 65% relating to medicinal products[4]. This issue is of great relevance to public administration, since the number of lawsuits that are filed with the Municipalities, States or the Federation to grant health treatment is high, resulting in one more expense to the public sector to effect such payments[5]
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