A 55-year-old woman, resident of Campo Grande (MS), will have free access to a cannabidiol-based medicine for fibromyalgia treatment. The medication, recommended by doctors, will be provided by the state government after action by the Public Defender's Office of Mato Grosso do Sul.

The patient is unable to afford the monthly cost of the treatment, estimated at nearly R$ 2,000. Even with an already granted interim guardianship by the 2nd Instance, the State has not yet complied with the decision.

Request for compliance and seizure of funds

Due to the delay, the Public Defender's Office asked the Court, this week, for the government to immediately comply with the determination. Otherwise, it also requested the seizure of public funds, a measure that obliges the Administration to ensure the payment of something already established judicially.

“Due to the severity of the disease, the intervention of the Judiciary is necessary for the patient to have her clear and certain right to all means that guarantee the possibility of treatment in order to obtain relief from symptoms and viability of quality of life,” explained Public Defender Hiram Nascimento Cabrita de Santana, head of the 1st Public Defender's Office for Health Care.

Medical report and health risks

The medical report presented in the process reinforces the need for continuous use of cannabidiol. The document indicates that the patient did not show improvement with the alternatives offered by the Unified Health System (SUS) and is at risk of death if she does not use the medication daily.

“Requiring the assisted person to continue using medications that are proven ineffective for her clinical condition, besides being counterproductive, represents a true penalty of torture,” highlighted Public Defender Nilton Marcelo de Camargo, from the 4th Public Defender's Office for Health Care.

Also involved in the case were Public Defenders Arthur Demleitner Cafure, from the 3rd Public Defender's Office for Health Care, and Francisco José Soares Barroso, head of the 8th Civil Public Defender's Office of the 2nd Instance.

With information from the Public Defender's Office of Mato Grosso do Sul