Judicialization of medicine in the access to drugs: bioethical reflections

Abstract

This article discus about judicialization of medicine in the access to drugs, a persistent health status that causes injuries to the public system of health. We exposed the basic points to such practice to provide a bioethical discussion of the processes, through bibliographic revision and the systematization of the collected material. It is possible to note that the judicialization of medicine has increasingly been taking relevance and it will no longer be able to be supported. The multidisciplinary Bioethics may suggest some solutions. It is concluded that Judiciary decisions would contemplate the complexity of human life, not just assuring drugs. It would be important the communication between health and justice for discussions and opinion elaboration, as well as discussing on the individual meaning of the request and obtaining medications by judiciary means. This could reveal personal issues and quality of life, by preserving both ones.