A aplicação dos requesitos da tese firmada no RESP. nº 1.657.156/RJ nos pedidos liminares de medicamentos oncológicos: um estudo dos processos judicializados pela defensoria pública da união do estado do Ceará (unidade Fortaleza) no ano de 2021

Abstract

This study aims to analyze the application of the requirements of REsp. No. 1.657.156/RJ in preliminary decisions of oncological medication judicialization cases handled by the Federal Public Defender's Office, Fortaleza unit. The analysis focuses on the judicial administrative procedures (PAJs) initiated by the DPU/CE. To this end, the following themes are discussed: the right to health, highlighting historical evolution, its fundamental nature, effectiveness, and subjective aspects; the Unified Health System and its pharmaceutical assistance regarding oncological medications, addressing aspects related to the organization of SUS and its role in the fight against cancer; next, the phenomenon of health judicialization in Brazil is analyzed, where the main parameters used by judges in their preliminary decisions will be examined, particularly the Special Appeal No. 1.657.156/RJ, given its importance for the judicialization of medications; finally, the role of the public defender's office in the judicialization of oncological medications will be analyzed, with an examination of the researched PAJs. The study's importance arises from the fact that, according to research published in 2023, the DPU/CE represents 77.1% of the medication judicialization cases filed in the Federal Court of Ceará. The research was conducted by the JFCE with the support of the Christus University Center and the Brazilian Association of Jurimetry. The methodology adopted for the preparation of this Monograph was both qualitative and quantitative, involving documentary research (through the SIS-DPU website), jurisprudential research, and bibliographical research. The study concluded that the Federal Public Defender's Office plays a crucial role in ensuring the right to health, especially when representing clients seeking access to high-cost and oncological medications. Regarding the application of the requirements of REsp. No. 1.657.156/RJ, there was a high adherence by judges to the appeal, with a low incidence of those who, in addition to not citing it, prefer to use parallel parameters.