Acesso a medicamentos para tratamento do câncer de mama no Estado da Bahia pelos pacientes do SUS: através da promoção de ação civil pública pela Defensoria Pública da União
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Date
2018-07-31
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Universidade Católica do Salvador
Abstract
This dissertation intends to treat access to drugs for the treatment of breast cancer in the State of Bahia by the patients of the Unified Health System (SUS), through the promotion of Public Civil Action (PCA) by the Public Defender of the Union (DPU). The objective is to analyze the DPU's performance in the State of Bahia in the proposal of the PCA in the promotion and guarantee of the right to health of SUS users, specifically the access to medicines for the treatment of breast cancer in the period from 2009 to 2017. the assumption raised was the one that sought to know if through the interposition of the Public Civil Action, the Public Defender's Office of the Union have managed to implement the right to health in the praxis of users of the Unified Health System in Bahia, in what concerns the guarantee of access to medicines for the treatment of breast cancer. For this purpose, the present research has followed the following paths: 1 - Since the Public Defender's Office was entitled to propose Public Civil Action through Complementary Law 132/2009 and Constitutional Amendment No. 80/2014, there was an increase in proposed Public Civil Actions, especially in the scope of the promotion and guarantee of health in the State of Bahia by the Public Defender of the Union in the period from 2009 to 2017; 2 - Through the management of the Public Civil Action, the Public Defender's Office of the Union has obtained judicial decisions favorable to the compulsory granting of medicines by the Public Power to citizens, users of the Unified Health System, in the treatment of breast cancer; 3 - The judgments arising from the interposition of the Public Civil Action by the Public Defenders of the Union in Bahia have been complied with by the Government when it refers to the granting of medicines to users of the Unified Health System for the treatment of breast cancer; and, perhaps the most important of them, 4 - What sought to know why there was a need for the use of legal instruments by public ombudsmen throughout the country to assert the rights constitutionally guaranteed to all citizens. Finally, the research aims to achieve results, through bibliographical, documentary and qualitative data analysis, to verify if in the praxis the management of the PCA by the DPU has resulted in the realization of the right to health for SUS users in the State of Bahia in which refers to the treatment of breast cancer through access to medicines.
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Keywords
Ação civil pública, Defensoria Pública, Câncer de mama, Acesso à medicamento, Direito à saúde, Public civil action, Public Defender, Breast cancer, Access to medicines, Right to health