THE JUDICIALIZATION OF ACCESS TO ANTINEOPLASTIC DRUGS IN THE STATE OF RIO GRANDE DO NORTE
Keywords: Right to Health. Unified Health System. Health's Judicialization. Pharmaceutical Preparations. Antineoplastic Agents.
The judicialization of access to medicines constitutes a complex and multifaceted phenomenon within the context of Brazil’s Unified Health System (SUS), especially regarding antineoplastic drugs, which are characterized by high cost, rapid technological incorporation, and significant impact on care delivery. This thesis aimed to analyze health judicialization from a reflective perspective, focusing on lawsuits that request antineoplastic treatments, the profile and mortality of plaintiffs, as well as the financial perspective of these judicialized medicines in the state of Rio Grande do Norte between 2013 and 2020. This research is structured as a compilation of scientific articles, developed using different methodological approaches. Initially, a theoretical-reflective essay was conducted on health judicialization for access to antineoplastic medicines, in light of the Derivationist debate on the State and the realization of social rights within the context of capitalism. Subsequently, a descriptive study was carried out based on data from judicial claims for antineoplastic medicines, analyzing sociodemographic, clinical, legal, financial, and health outcome variables. Finally, an observational study was developed using data linkage between judicial databases and the Mortality Information System, incorporating mortality as a clinical outcome. The results showed that the judicialization of antineoplastic medicines is strongly associated with high-cost, high-complexity therapeutic technologies and occurs predominantly in contexts of severe clinical conditions. A high proportion of deaths was observed among plaintiffs, with outcomes associated with older age, cancer diagnosis, advanced clinical staging, and higher total treatment costs. Overall, the thesis demonstrates that the judicialization of access to antineoplastic medicines should not be understood in isolation, but rather as an expression of structural limitations in pharmaceutical assistance and oncology care, contributing to a deeper debate in Public Health on equity, sustainability, and the effective realization of the right to health.
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