Legal actions and incorporation of medicines into SUS: the performance of Conitec

Abstract

This study aimed to analyze the influence of lawsuits on the process of evaluating requests for the incorporation of biological medicines into the SUS by the National Commission for the Incorporation of Technologies in SUS (Conitec) from 2010 to 2015. The research investigated the performance of Conitec, focusing on analysis of recommendation of incorporation or not of biological medicines to SUS. Data collection strategies included documentary analysis, interviews with members of the Commission, and non-participant observation of the plenary meetings. The analysis of data has shown that, although the lawsuits were often part of the plenary discussions, they are not a decisive factor for the Commission's decision-making. No evidence of a direct relationship between health lawsuits and the incorporation of biological medicines into SUS was found, since members strictly followed the technology incorporation flow as established by Law 12,401 / 2011 and by Decree 7,646 / 201. However, the existence of an indirect influence of the phenomenon of health judicialization on the process of incorporation of technologies in the SUS became evident, when analyzing motivations for the formulation of the law and the norms that regulate the operation of Conitec.