The necessity of parameters for effectuation of right to health: judicial action for access to growth hormone in the State of Pará

Abstract

This work is the result of research on the acquisition of the medication Somatropin, the growth hormone, by the Public Health Department of the State of Para, during the years 2009 to 2013. The study aimed to analyze the effects of court action for access to medication based on the preliminary injunction, in the records of the Public Civil Action no 0021681-17.2011.8.14.0301, which determined that the State of Para could supply the drug Hormotrop® - Somatropin 12 IU to all children and adolescents who have a deficiency in the production of growth hormone, and which demonstrated, through a concrete case, the need to establish parameters for judicial action in ensuring the right to health. A review of the literature was undertaken regarding legal aspects involved in the process of legalization of health, the technical and psychological aspects related to the use of growth hormone, and the public policies related to access. The data collected showed that there was a change in the consumption pattern of Somatropin starting from the year 2011, the period the above  mentioned civil action injunction was issued, creating the need to establish parameters based on technical criteria for judicial action for issues related to medications, in a contexto of increasing court action in politics and social relations in Brazil.