Judicialização do acesso a medicamentos: direito individual e justiça social

Abstract

This study aims to discuss and reflect on the phenomenon of health Judicialization, problematizing aspects of public policy for pharmaceutical care well as its funding and growing demand for judicial access to drugs by users of the Health System. Initially we carried out a reflexive construction on public policies of pharmaceutical care followed by financing, analyzing the legal proceedings to demand for drugs in the State and problems faced by the Brazilian Health System (SUS) due to judicialization. Based on an analysis of the available research in LILACS, Medline, SciELO, PubMed and the banks' thesis CAPES it was found that the increase in private spending and strengthening the economic power decrease sustainability of public funding, decreasing investment in public health and that the conflict between the right to health, guaranteed by law, and the deficiency in the implementation of public policies pharmaceutical care highlights the difficulties the judicial system to deal with the trial of the health demands. The paper considers possible to be adopted by managers and professionals of the health system and justice in making decisions to certify the safety and user protection mechanisms.