Judicialização da vacina : análise de decisões judiciais no Brasil de 2015 a 2019

Abstract

Introduction: The vaccine is one of the two most important scientific and technological advances in the fight against immunopreventive diseases in the world. In addition to various medications, services and procedures, the request for vaccines is also the subject of legal requests related to the health area. Objective: To understand the phenomenon of vaccine judicialization in the states of Brazil between the years 2015 and 2019. Method: This is a retrospective descriptive study, based on documents, whose unit of analysis are the agreements that have as their main object the request of vaccines, with legal data between 2015 and 2019. The information is obtained based on secondary data, obtained through two websites of the State Courts of Justice. The empirical data of the research are analyzed from the theoretical-methodological framework of health law and health democracy, with judicialization being a form of effective community participation in State decisions; and two progress indicators for the evaluation of the rights contemplated in the Protocol of San Salvador. Results: 102 agreements were analyzed that requested 135 vaccine orders, of 17 types. The southeast region had the highest number of cords 68.6% (70) and the north region the lowest number 1% (1), with the state of São Paulo having the highest concentration of cords 51.0% (52). Common shares are the most used to sue the cow – 69.6%(71). The municipality was the defendant with the most demand 46.1% (47). The most requested vaccine was the vaccine against HPV -33.3% (45). As for the result of the vaccine supply request, there was a predominance of results that favored requests in the second instance, 85.3% (87) two requests were valid. Conclusion: In most of the results, two requests for vaccine supply were favorable to the author's request, demonstrating that the judicial route is effective to request the supply of vaccines.