The time between deference and effectiveness of emergency guards granted in drug actions proposed by DPU / Caruaru between 2018-2020, as an effectiveness indicative

Abstract

Since health is the right of all and the duty of the State, which can be enforced by the
courts, including the provision of medicines for medical treatment not offered by the
State through the SUS, either due to the lack of a protocol for the distribution or due to the lack of the medicine in the stock, this study aims to verify if it is possible to talk
about the effectiveness of emergency tutelage granted in lawsuits pleading for drugs
in the judicial subsection of Caruaru, state of Pernambuco, Brazil, by analyzing some
actions proposed by the Public Defender of the Union in Caruaru between the years
from 2018 to 2020. For this purpose, the study was conducted using the deductive
method, based on the premise that there is ineffectiveness of emergency tutelage in
the aforementioned Subsection, considering the time to materialize, and analyzed,
by quali-quantitative research, ten actions that plead for the supply of medicine with a
request for urgent guardianship, in which the time was observed between the granting
of the request and the effective availability of medicines, and the complications in the
procedure that influenced the fulfillment of the measure. After analyzing the data,
the initial premise was not confirmed, and the study concluded that the average time
between the preliminary injunction and the effective use of the medication is inherent
to internal “bureaucratic” steps, and cannot establish an ideal average term, being
possible, however, to minimize that time