Contribuição dos pareceres do NATJUS/RN no desfecho dos processos judiciais que solicitam medicamentos ao Estado do Rio Grande do Norte

Abstract

With the advance of the judicialization of health in Brazil, in the 2000s, the National Council of Justice (CNJ) began to prepare studies and propose concrete measures with the objective of better understanding this phenomenon, as well as rationalizing the judicial demands involving healthcare assistance. health in the country. In this context, it was then determined by the CNJ to create the Judiciary Technical Support Centers (NATJUS), by the state and federal courts, with a view to producing technical opinions to support judicial decisions in the health area. This study aims to analyze the contribution of opinions on medicines, elaborated by the NAT-JUS of Rio Grande do Norte, on the outcomes of legal proceedings filed against public entities, as well as and, mainly, the acceptability of these opinions by judges. The period of analysis is the 2017-2019 triennium, after the publication of CNJ Resolution No. 238, of September 6, 2016, which determined the formation of these nuclei. This is an exploratory, retrospective and descriptive study, with a quantitative and qualitative approach, in which an analysis of 212 opinions requested by magistrates to the NATJUS, made available on the Federal Justice website in Rio Grande do Norte, link JUDSAÚDE, as well as the legal proceedings in the context of which they were requested. It was observed that the federal judiciary was responsible for requesting most opinions (81.6%), as well as, in most cases (86.1%), they were considered in decision making. Most opinions were favorable to the author's request (65.1%), which were mostly requests for medications not available under the SUS (81.0%), notably antineoplastic and immunomodulatory medications (38.3%). It was also observed that the percentage of processes in which opinions were requested from the NATJUS, in the period considered, was very low (9.6%), as well as that the impact of the NATJUS performance, in the sense of reducing the number of convictions against the State of Rio Grande do Norte, in drug lawsuits, was quite low (2.1%). It is expected, therefore, that with the implementation of the e-natjus system, by the CNJ, there will be a greater adherence of the north riograndense judiciary to the use of this important tool, since the judicial decision in health needs a technical basis. Finally, in addition to health issues, the judge, in order to decide fairly, considering the entire social and economic context of public health policy, should not do without this aid.