Judicialização de medicamentos off label e pandemia: tocilizumabe nas demandas judiciais do estado do Rio Grande do Norte

Abstract

The judicialization of the SUS is a phenomenon in which lawsuits are tools for accessing health products and services, realizing the constitutionally guaranteed right. Among the demands, the supply of medicines is the one that generates the greatest impact on the State, a context experienced in the coronavirus pandemic. Medicines not registered with ANVISA for the treatment of COVID-19, such as chloroquine, ivermectin and tocilizumab, were dispensed through the judicially, in an environment of scientific, political and legal controversies. The STF and STJ addressed the matter in judgments submitted to the regime of repetitive appeals and signed the registration with ANVISA as a requirement for the State to be condemned to make non-standard medicines available. In addition, according to the STF, these demands must be filed against the Federal Government. Objective: To analyze the processes attended by the Judicial Demands Center of the Secretary of Health of the State of Rio Grande do Norte that granted the supply of tocilizumab for the treatment of COVID-19 in the years 2020 and 2021. Methods: A descriptive study of the lawsuits was carried out and the reasoning of the magistrates was analyzed in the light of Theme 106 of the STJ and Themes 500 and 793 of the STF. Results: Despite divergent positions in relation to the highlighted jurisprudence, anticipation of guardianship was granted in 29 lawsuits and tocilizumab was dispensed for the treatment of COVID-19 by the Central Unit of Therapeutic Agents of RN. Conclusions: When lawsuits involve the principle of human dignity, there is a jurisdictional tendency, based on ethical values, to preserve fundamental rights, such as life and health.