In the last decade, a growing movement of judicialization of health has gained space in the Brazilian cenário. This phenomenon emerges from the definition declared in the Brazilian Federal Constitution that health is a fundamental right to all and the duty of the State, and must be ensured according to the principles advocated by the Unified Health System.

Some patients, faced with an inability to perform a specific treatment, demand its effectiveness through the judiciary, which in most cases is presented in their favor. This increase in health demands incited by this phenomenon of judicialization of health is carried out with a modification and costs us the reallocation of two resources, which becomes evident, above all, in the face of crises in the economic system.

Nesse âmbito, or undertaking the endorsement of health technologies (ATS), can be identified as a potential mediator to interpret the validity of patient demands, as well as to identify possible implementation difficulties in the health system and the disincorporation of technologies that add little value to or care.

The success obtained by the Ministry of Health of Uruguay was recognized at the annual meeting of the “International Network of Agencies for Health Technology Assessment” (INAHTA), through its award for its work related to the impact of ATS in judicial litigation over high-cost medicines. Dessa, it is identified that this articulation must be explored more richly in Brazil, aiming to minimize the clashes between the binomial users-managers and, promote effective better quality of care.

For more information and depth, do not worry about your approach in Brazil, follow the two links below:

Characterization of judicial demands for the provision of “essential” medications in the State of Rio de Janeiro, Brazil
Judicialization of access to medicines in the State of Minas Gerais, Brazil