Justice states that DF supplies hormones to transgender teens

The Federal District and Territories Court (TJDFT) established the understanding that transgender children and adolescents have the right to receive medication from the Unified Health System (SUS) to inhibit the production of sex hormones.

The jurisprudence was supported by a unanimous decision of the court’s 3rd civilian panel when it adjudicated the case of a teenager born with the biological sex, he, but who identifies as a girl since she was 5 years old.

The teenager was diagnosed with gender dysphoria, a medical condition characterized by discomfort with sexual characteristics. The doctors who followed the teen then prescribed puberty-blocking medication.

DF, however, refused to hand over the medicine, which forced the young woman to file a lawsuit to gain access to the treatment. In the first instance, however, the claim was rejected. The author appealed on the grounds that the drug is standardized and supplied by the Ministry of Health (SES).

The trans girl also argued that the drug would allow her to confirm her gender identity, in addition to preventing any psychiatric disorders. The Federal District argued in its defense that the plaintiff’s claim was not lawful, as it would only be allowed on a trial basis at university and reference hospitals in the CIS.

In analyzing the resource, the class observed that there is a specific indication from both the Brazilian Society of Endocrinology and Metabolism and the Brazilian Society of Pediatrics for the use of the drug to treat puberty patients with gender dysphoria. In addition, according to the College, the applicant meets the technical requirements for receiving the remedy.

Understanding

“In the case under analysis, there is normal puberty maturity within the patient’s age, a 14-year-old teenager, but the correlated effects of the development of gender characteristics not recognized by the teenager have caused her mental disorders, which are common to the transgender population, ”he recorded.

According to Klassen, the prescribed medication is “precisely the pharmacological effect desired by the team assisting the patient in question, the inhibition of puberty, in view of the particular gender condition to receive special health care”.

“Given the recommendation on puberty blocking and hormone therapy by the Federal Council of Medicine, as well as given the absence of specific clinical protocols for transgender teens within the framework of the CIS or the Federal District Health Center, it is clear that there is a gap in the protocol of pharmacological prescription, which deserves to be fulfilled for the adequacy of public order already provided for the specific case ”.

The class recalled that there are guidelines from the Department of Health for the reception of transgender people and the institution of public health policies for the LGBT population, in addition to editing guidelines for the care of transgender people by the Federal Council of Medicine.

In the decision, the college also stressed that “prescribing medication for off-label use has no legal prohibition, especially when there is no proven risk of harm to health or ineffectiveness of treatment for the patient’s disease”.

The judges pointed out that scientific studies point to both the effectiveness and safety of the treatment. The panel thus granted the plaintiff’s appeal to order the federal district to supply the drug Triptorelin 3.75 mg, while there is a recommendation from the assistant physicians.

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