Alergia à proteína do leite de vaca: da burocratização do fornecimento gratuito de fórmulas alimentares à judicialização excessiva

Abstract

The Allergy to Cow Milk Protein (CMPA) is the most common form of Food Allergy in children under two years of age. This work aims to analyze the effectiveness of the right to health of children affected by that condition, in view of the demand for the free supply by the Government of nutritional formulas high cost required for the treatment of CMPA. Initially, lies the right to health in the Brazilian legal system, from its forecast as a constitutional fundamental right, followed by the appointment of disciplinary infraconstitutional rules implementing that law and its relation to the rights of children. The research presents the main clinical aspects related to CMPA and exposes the current situation of public policies within the Unified Health System (SUS), aimed at health care of children allergic to cow's milk protein. It also analyzes if it's legalization of health phenomenon, given that this has been the inevitable path for the realization of the right to health of these children, due to the bureaucratization and the failure of public policy attention to people with CMPA. Finally, through a TRF decisions analysis of the 5th Region on the subject, it was found that, despite a jurisprudential differences, most decisions have removed the arguments of Public Administration and granted copyright requests for free supply the food formulas. The study came to the conclusion that it is essential to the expansion of public policies for children with CMPA, by incorporating the special nutritional formulas as SUS technology, the development of a Clinical Protocol for dispensation of these formulas at the national level, and the creation Reference Centers for monitoring care to allergic children.