JUDICIALIZATION OF HEALTH: ANALYSIS OF LEGAL CLAIMS FOR NUTRITIONAL FORMULAS IN RIO GRANDE DO NORTE, BRAZIL

Food and Nutrition are essential for health, as outlined by the Brazilian National Food and Nutrition Policy and the 1988 Federal Constitution. However, nutritional formulas, used to treat or prevent nutritional problems, face barriers due to costs and the lack of free access through the public health system. This study analyzes lawsuits filed against the State of Rio Grande do Norte for the provision of nutritional formulas between 2017 and 2021, using data from individual judicial processes. The study, characterized as quantitative, descriptive, and exploratory, adopted the deductive method to analyze lawsuits related to nutritional formulas in Rio Grande do Norte. Data were collected through bibliographic and documentary reviews and analyzed qualitatively and quantitatively using statistical tools, with results presented in tables and graphs. A total of 132 active lawsuits were identified during the study period. Most plaintiffs were female (52.3%) and from the pediatric and adolescent age group (40.9%), with 40.2% of prescriptions related to nervous system diseases. The majority of plaintiffs resided in the 7th Health Region of RN—Natal and its metropolitan area (49.0%). Court-ordered fund seizures occurred in 54.5% of cases, and formulas were prescribed by nutritionists in 66.7% of lawsuits. The total cost of judicial claims amounted to BRL 3,828,262.00, with an annual average of BRL 765,652.50. Modified and pediatric formulas represented the largest portion of expenses, accounting for 44.6% and 44.1%, respectively. The average time between filing and the judicial decision was 28.8 days. Results indicate a concentration of lawsuits in Natal, highlighting the need for further analysis of local health policies to adequately address the population’s nutritional needs.