Brasília – The judicialization of health in Brazil reflects systemic dysfunction, according to Daiane de Lira, councilor at the National Council of Justice (CNJ), in a new Futuro Talks episode.

She noted that, although judicial claims for health rights are backed by the Constitution, their overuse threatens the sustainability of the public health system. Scientific evidence now forms the backbone of such cases, with NatJus supporting judges technically, and a recent Supreme Court (STF) decision providing greater legal clarity for claims involving non-incorporated SUS medications.

Daiane de Lira also praised itinerant forums (Fonajus) that help state-level actors understand judicialization drivers and reduce unnecessary lawsuits. She pointed to noticeable regional differences: São Paulo sees more high-cost medication claims in the private system, whereas in Rio Grande do Sul public health cases dominate. In the North, judicialization is lower mainly due to limited public awareness of legal options.

She stressed the CNJ’s role in encouraging policy updates — such as urging Conitec to reevaluate technology assessments — and called for progress in research, drug pricing, and access to rare disease and oncology treatments.

Source: Futuro da Saúde

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