Judicialization of cancer patients, treated by the SUS of Belo Horizonte, against the state of Minas Gerais from 2014 to 2020

Abstract

Background: The judicialization of health refers to lawsuits to obtain medicines, supplies and other products of interest to health. It is a growing, multifaceted and complex phenomenon, which involves the Powers of the Republic, the justice system, the health sector and society. In Brazil, judicial requests for medicines have been prominent in recent years. Problem: Among the most judicialized medicines are those used in oncological treatment, commonly of high cost, influenced by the fact that cancer is one of the main causes of morbidity and mortality in the world, producing a greater demand for therapeutic alternatives. Objectives: The present work aimed to understand the phenomenon of the judicialization of health by exploring lawsuits (2014 to 2020), filed by patients diagnosed (2014 to 2019) with malignant neoplasia, undergoing treatment in the public health system of Belo Horizonte. Methods: A cross-sectional study was conducted with univariate analysis of lawsuits filed (2014 to 2020) by patients diagnosed (2014 to 2019) with malignant neoplasia, undergoing treatment in the public health system of Belo Horizonte. Results: In the research universe, 336 lawsuits were found, filed by 318 plaintiffs diagnosed with one of 5 cancers selected in the SUS-BH, against the state of MG. Medicines were the most requested objects in the lawsuits. Of the six most requested medicines, 5 were antineoplastics. Of these, all had requests for incorporation by CONITEC and were registered with ANVISA. The average duration of the lawsuits was 204 days. Plaintiff death occurred in 36% of the lawsuits. Conclusions: The judicialization of cancer patients is confused with the judicialization of medicines. Regarding oncological procedures, the responsibilities of each entity must be clear. The relationship between the federal government, state and municipalities must prioritize agreements that aim to provide timely care to cancer patients, taking into account the financial limitations of each entity and the installed capacity according to the needs of the population.