Judicialization of Cancer in Brazil: An Integrative Review of the Scientific Literature

Abstract

This study aimed to carry out a bibliographic survey on the judicialization of cancer in Brazil. The methodology used was an integrative review, based on research in the Virtual Health Library, Google Scholar, Scielo, and Oasis Br databases. A total of 774 texts were found, and after reading the abstracts and eliminating duplicates, it was selected 14 articles that suited the research object. Most studies (n=12) addressed the litigation of cancer by drug demands from a public health perspective (n=13). Sixteen topics of discussion were identified in the articles: oncology organization in the Brazilian National Public Health System; public and/or supplementary health system; type of cancer in judicialization; objects of cancer judicialization; oncological drugs in judicialization; judicial arguments; legislation; jurisprudence; inequities; representation in lawsuits; doctor’s prescriptions; purchase and/or use of the drug by the individual; registration / incorporation of medicines; phosphoethanolamine; compliance with court decisions and effects of judicialization; and values of judicialization in oncology. It can be observed that the judicialization of cancer is a multifaceted phenomenon that is confused with the judicialization of cancer drugs. There are only a few articles on the judicialization of cancer from the perspective of the supplementary health system. Budgetary and organizational differences in oncology between public and supplementary health may explain the greater judicialization of oncology in the public sector. Thus, studies that deepen this theme can contribute to the dejudicialization of health and the improvement of public policies.