Judicialization of health: profile of demands for oncological medicines in a state in the central region of Brazil

Abstract Background The significant increase in access to oncological medicines through court cases suggests that constitutional guarantees of integral and universal care in the Brazilian public health system are uncertain. Methods A retrospective observational study was conducted to analyze data fr...

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Main Authors: Leila Abou Salha, Flávia Costa Reis, Roberta Moreira Gonçalves, Jordão Horácio da Silva Lima, Nádia Abou Salha, Roney Pereira Pinto, José Elmo de Menezes, Eduardo Perez Oliveira, Pedro Lopes Ferreira, Maria Alves Barbosa
Format: Article
Language:English
Published: BMC 2022-08-01
Series:International Journal for Equity in Health
Subjects:
Online Access:https://doi.org/10.1186/s12939-022-01704-6
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author Leila Abou Salha
Flávia Costa Reis
Roberta Moreira Gonçalves
Jordão Horácio da Silva Lima
Nádia Abou Salha
Roney Pereira Pinto
José Elmo de Menezes
Eduardo Perez Oliveira
Pedro Lopes Ferreira
Maria Alves Barbosa
author_facet Leila Abou Salha
Flávia Costa Reis
Roberta Moreira Gonçalves
Jordão Horácio da Silva Lima
Nádia Abou Salha
Roney Pereira Pinto
José Elmo de Menezes
Eduardo Perez Oliveira
Pedro Lopes Ferreira
Maria Alves Barbosa
author_sort Leila Abou Salha
collection DOAJ
description Abstract Background The significant increase in access to oncological medicines through court cases suggests that constitutional guarantees of integral and universal care in the Brazilian public health system are uncertain. Methods A retrospective observational study was conducted to analyze data from lawsuits requesting oncological medicines from 2014 to 2020 in the State of Goiás, Brazil, in state and federal courts. Sociodemographic, medical, and legal variables were statistically examined using descriptive, association, and correlation methods. Results Women brought more than half (54%) of the 301 processes analyzed. The most frequent age group was over 55 years, with income below 3 × the minimum wage (total about USD$600/month), and their cases were promoted through the public minister and public defender’s offices. The most requested medications, not on official public health system lists, were indicated for multiple myeloma and brain cancer. Conclusions Improved quality of life, frequently used as a justification, could be conceptually confused with increased survival. Finally, judicialization itself indicates that individual health needs arise even with properly defined and adequately implemented public policies. These needs should be considered for the adequate provisioning of services by the state to ensure the right to health.
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spelling doaj.art-fdc5e0da58ec4a17ae3f490aa55af7922022-12-22T03:07:04ZengBMCInternational Journal for Equity in Health1475-92762022-08-0121111510.1186/s12939-022-01704-6Judicialization of health: profile of demands for oncological medicines in a state in the central region of BrazilLeila Abou Salha0Flávia Costa Reis1Roberta Moreira Gonçalves2Jordão Horácio da Silva Lima3Nádia Abou Salha4Roney Pereira Pinto5José Elmo de Menezes6Eduardo Perez Oliveira7Pedro Lopes Ferreira8Maria Alves Barbosa9Faculty of Medicine, Federal University of GoiásSchool of Law, Business and Communication, Pontifical Catholic University of GoiásFaculty of Medicine, Federal University of GoiásUniversity of São PauloPhysician, Petrópolis Medical SchoolState Health Department, Center for High-Cost Medicines Juarez BarbosaFederal Institute of Education, Science, and Technology of Goiás, Pontifical Catholic University of GoiásJudge, Court of Justice of the State of GoiásCenter for Health Studies and Research, Faculty of Economics, University of CoimbraFaculty of Medicine, Federal University of GoiásAbstract Background The significant increase in access to oncological medicines through court cases suggests that constitutional guarantees of integral and universal care in the Brazilian public health system are uncertain. Methods A retrospective observational study was conducted to analyze data from lawsuits requesting oncological medicines from 2014 to 2020 in the State of Goiás, Brazil, in state and federal courts. Sociodemographic, medical, and legal variables were statistically examined using descriptive, association, and correlation methods. Results Women brought more than half (54%) of the 301 processes analyzed. The most frequent age group was over 55 years, with income below 3 × the minimum wage (total about USD$600/month), and their cases were promoted through the public minister and public defender’s offices. The most requested medications, not on official public health system lists, were indicated for multiple myeloma and brain cancer. Conclusions Improved quality of life, frequently used as a justification, could be conceptually confused with increased survival. Finally, judicialization itself indicates that individual health needs arise even with properly defined and adequately implemented public policies. These needs should be considered for the adequate provisioning of services by the state to ensure the right to health.https://doi.org/10.1186/s12939-022-01704-6Judicialization of healthAntineoplastic AgentsQuality of life
spellingShingle Leila Abou Salha
Flávia Costa Reis
Roberta Moreira Gonçalves
Jordão Horácio da Silva Lima
Nádia Abou Salha
Roney Pereira Pinto
José Elmo de Menezes
Eduardo Perez Oliveira
Pedro Lopes Ferreira
Maria Alves Barbosa
Judicialization of health: profile of demands for oncological medicines in a state in the central region of Brazil
International Journal for Equity in Health
Judicialization of health
Antineoplastic Agents
Quality of life
title Judicialization of health: profile of demands for oncological medicines in a state in the central region of Brazil
title_full Judicialization of health: profile of demands for oncological medicines in a state in the central region of Brazil
title_fullStr Judicialization of health: profile of demands for oncological medicines in a state in the central region of Brazil
title_full_unstemmed Judicialization of health: profile of demands for oncological medicines in a state in the central region of Brazil
title_short Judicialization of health: profile of demands for oncological medicines in a state in the central region of Brazil
title_sort judicialization of health profile of demands for oncological medicines in a state in the central region of brazil
topic Judicialization of health
Antineoplastic Agents
Quality of life
url https://doi.org/10.1186/s12939-022-01704-6
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