It institutes the Judicialization Nucleus with the purpose of organizing and promoting the fulfillment of legal demands within the scope of the Ministry of Health.
Some of the competences of the Judicialization Center:
receive from CONJUR/MS requests for subsidies for the defense of the Union and compliance with court decisions;
collect, classify and analyze data related to lawsuits that generate obligations to the Ministry of Health and register them in a proper monitoring system;
specify the demand with the proper characterization and quantification of the object to be acquired or contracted and issue a conclusive opinion to be sent to the competent secretariat to authorize compliance with the court decision;
request from the bodies a document proving compliance with the legal obligation or formal justification in view of the impossibility of complying with the court order;
communicate to CONJUR/MS about possible complications that make it impossible or difficult to comply with the court order; keep files and reports updated with the control of lawsuits;
propose to the Executive Secretariat (SE/MS) methodologies and actions to improve the judicialization of public health within the Union.
Check the Ordinance:
It institutes the Judicialization Nucleus with the purpose of organizing and promoting the fulfillment of legal demands within the scope of the Ministry of Health.
THE MINISTER OF STATE FOR HEALTH, in the use of the powers conferred on him by items I and II of the sole paragraph of art. 87 of the Constitution, and
Considering the provisions of Articles 2 and 3 of Resolution No. 20 of the Tripartite Inter-Managers Commission, of July 27, 2017, which provides for the internalization of the S-Codes system and cooperation between entities in managing the impacts of the judicialization of health;
Check Resolution 20: http://altacomplexidade.org/ministerio-da-saude-firma-parceria-entre-a-secretaria-de-estado-da-saude-de-sao-paulo-para-utilizar-o-software -s-codes-to-manage-judicialization-demands/
Considering the provisions of Ordinance No. 1.419/GM/MS, of June 8, 2017, which approves the Internal Regulations of the units that are part of the regimental structure of the Ministry of Health;
Considering the provisions of Ordinance No. 1.547/AGU, of October 29, 2008, amended by Ordinance No. 379/AGU, of June 2, 2015;
Considering Judgment No. 1787/2017 – Federal Court of Accounts – Plenary, as applicable; and
Check the Judgment: http://altacomplexidade.org/aumentam-os-gastos-publicos-com-judicializacao-da-saude/
Considering the Statements of the 1st and 2nd Health Law Conferences of the National Council of Justice (CNJ), resolves:
Check the Statements: http://altacomplexidade.org/judicializacao-da-saude-enuncios-da-ie-ii-jornada-de-direito-da-saude-do-conselho-nacional-de-justica-cnj/
Art. 1 To establish the Judicialization Nucleus with the purpose of organizing and promoting the fulfillment of legal demands within the scope of the Ministry of Health, comprising as such lawsuits whose object is to impose on the Union the acquisition of medicines, supplies, medical-hospital material and contracting services aimed at users of the Unified Health System (SUS).
Single paragraph. Lawsuits whose object requires changes or inclusions of public policies will be forwarded by the Legal Consultancy to the Ministry of Health (CONJUR/MS), for assistance from the Secretariats of the Ministry of Health, considering their competences, and for knowledge of the Judicialization Center.
Art. 2 The Judicialization Nucleus is responsible for:
I – receive from CONJUR/MS requests for subsidies for the defense of the Union and compliance with judicial decisions, object of this Ordinance;
II – collect, classify and analyze data referring to the lawsuits indicated in art. 1, which generate obligations to the Ministry of Health and register them in a specific monitoring system;
III – specify the demand with the proper characterization and quantification of the object to be acquired or contracted and issue a conclusive opinion to be sent to the competent secretariat to authorize compliance with the court decision;
IV – request from the bodies a document proving compliance with the legal obligation or formal justification in view of the impossibility of complying with the court order;
V – inform CONJUR/MS on compliance with the court decision, with the respective supporting documentation;
VI – communicate to CONJUR/MS about possible complications that make it impossible or difficult to comply with the court order;
VII – request from CONJUR/MS documents and additional information necessary to comply with the court decision;
VIII – keep files and reports updated with the control of lawsuits;
IX – carry out periodic analysis and evaluation of the process of meeting legal demands within the scope of the Ministry of Health;
X – issue periodical reports of the processes of attendance to legal demands within the scope of the Ministry of Health, after qualitative and quantitative analysis of the data obtained;
XI – propose to the Executive Secretariat (SE/MS) methodologies and actions to improve the judicialization of public health within the scope of the Union; and
XII – interact with other federative entities co-obligated in the lawsuit, aiming to define the entity that will comply with the decision.
§1 In order to improve the defense of the Union, the Judicialization Center shall provide the following information to CONJUR/MS, to be sent to the Federal Attorneys:
I – if the medicine, input or health treatment claimed is provided by the SUS;
II – the therapeutic alternatives made available by the SUS to the pleaded demand;
III – the normative basis that underlies the public policy regarding the judicialized hypothesis;
IV – whether the manifestation of bodies or entities outside the Ministry of Health is necessary;
V – if the medicine or health care product is registered with ANVISA;
VI – if applicable, the way in which the medicine, treatment or health input can be provided through the administrative route; and
VII – other issues that it deems relevant to the demand.
§2 It will be incumbent upon the Nucleus to institute a flow of procedures to fulfill the attributions provided for in this article.
Art. 3 The Judicialization Nucleus will be coordinated by SE/MS under the legal supervision of CONJUR/MS.
§1 The coordinator, the respective substitute and the other members of the Judicialization Nucleus will be appointed by the Executive Secretariat.
§2 In duly justified exceptional situations, the Judicialization Center may request support from a specialized workforce of agencies of the Ministry of Health and its related entities, in order to better meet the legal demand, provided that for a specific and expressly authorized period by the Executive Secretary.
Art. 4 The attributions of the Judicialization Nucleus in relation to processes that deal with legal actions do not exclude the competences of the other bodies of the Ministry of Health.
Art. 5 The budgetary-financial resources necessary to comply with the judicial decisions will be charged to the budgets of the respective Secretariats, and the Coordination of the Nucleus, in case of doubt or divergence, will indicate the body that will bear the expense.
Art. 6 The Judicialization Center will have access, within the Ministry of Health, to all documentation and information system necessary for its performance.
Art. 7 The processes forwarded to the Judicialization Nucleus must be accompanied by the documents established in this article:
I – initial petition;
II – author data:
a) copy of the identification document;
b) updated address; and
c) telephone for contact.
III – medical report;
IV – medical report, accompanied by the exams recommended by the Clinical Protocols of Therapeutic Guidelines – PCDT;
V – medical prescription, containing:
a) name of the active ingredient, dosage and presentation of the drug;
b) name of the procedure; and
c) duration of treatment.
VI – court decision;
VII – enforceable opinion issued by the Federal Attorney General.
§1 Identified divergence of understanding between the medical report and the technical evaluation of the Ministry of Health, the presentation of additional tests for diagnosis will be requested.
§2 The lawsuits that require, for their compliance, indication of personal characteristics, such as weight and age, must be included in the medical report.
§3 In the case of continuous supply of medication, supplies or services, the Court will be asked to update, within a maximum period of six months, the documents provided for in items III and IV of this article.
§4 After analyzing the lawsuit, the Judicialization Center may request from CONJUR/MS the documents necessary for the treatment of the lawsuit in order to avoid duplication of compliance with the court decision and to improve management, whenever a drug supply is determined , input, product or procedure included in SUS public policies, the plaintiff must be required to demonstrate in court the refusal for the service through administrative procedures.
Article 8. All information provided by the Nucleus must be forwarded to CONJUR/MS, to be sent to the Federal Attorneys, in order to petition in court.
Art. 9 This Ordinance enters into force on the date of its publication. RICARDO BARROS