Judicialização da assistência farmacêutica em Minas Gerais uma análise da correlação entre proteção aos direitos de propriedade intelectual e o perfil das demandas por medicamentos atendidas pela Secretaria de Estado de Saúde no ano de 2010

Abstract

The right to Pharmaceutical Service (PS) in Brazil is guaranteed as part of the right to health. So as, to ensure this right, the government should formulate and implement policies and actions in order to guarantee people's access to essential medicines. Such normative advance, recognized as a fundamental right, led to recourse to judicial review and gave rise to increased litigation for the enforcement of this right to give the PS status of a fundamental right. This phenomenon is called legalization of PS. Appropriate use of medicines is an essential component of better cost-effectiveness of modern health care. In this regard it is essential to evaluate which technologies represent therapeutic innovations in order to qualify public funding in the Unified Health System (SUS). This paper analyzes the protection of intellectual property rights influence on the profile of drug legalization request by judicialization in the Health Department of Minas Gerais state (SES-MG), public spending and its interfaces with the rational use of drugs and the incorporation of new technologies in the SUS. There were analyzed 4,140 records of lawsuits in 2010 attended by SES -MG and 1065 rulings and published in the website of the Court of the State of Minas Gera is in the period from 2007 to 2009. In 2010, SES-MG attended 28,104 rescriptions requirement of legalization, the average being 2.2 medications per patient. The prevalence of polypharmacy was 10.6%. In addition to individual lawsuits, the SES-MG attended 19 civil suits which included 135 medicines. Most of these actions lawsuits determine the supply of drugs only with a prescription. In 2010 the ten most demanded drugs were protected by patents. Of these, only three were standardized in SUS-MG. For all products there were prescription of brand, an average of 50% of the requests had required supply trademark. Analyzing some indicators of the World Health Organization (WHO) for the quality use of medicines, it was observed that the lawsuits are at odds with the rational use of medicines recommended. The survey indicated a prevalence of jurisprudential injunction and the use of prescription drugs cited as evidence without making expertise. Ensuring the constitutional right to health was the speech used in more shares. The annual expense to ensure access to medicines for legalization is growing and represents a major challenge for the public manager . The high prevalence of new medicines prescribed by trademark and the biological products show the need to review and strengthen the policy of generic drugs in the country.