Judicialização da saúde e o fornecimento judicial de medicamentos de alto custo a pacientes com câncer

Abstract

This study proposes to realize an analysis of the phenomenon known as judicialization of health care, considered as the growing number of demands taken to judicial review when the applicant pleads the supply through the Government of some installment related to the health care rights. This study will focus primarily on cases involving the provision of judicial high-cost medications for the treatment of cancer patients, seeking to demonstrate the essentiality of judicial intervention against the omission State, the only way to ensure the full realization of the fundamental rights to healthy and to life enshrined in the Federal Constitution of 1988.