A luta pelo reconhecimento no contexto da judicialização da saúde: acesso a medicamentos não regulamentados pela Agência Nacional de Vigilância Sanitária

Abstract

This article talks about the right to health and its instruments of efectiveness proposed by the public power. By the same way, the problematic of especial cases which demand the concession, by the state, of not-regulated medicines by ANVISA, that ensures the distribution of medicines and treatments offered by the SUS when they show themselves more accurate tothe concret case. Also, it seeks out showing the importance of afirmative policies application, precisely in the situation of people who needs funded medicaments by the state but these are not included on the SUS’ list. Therefore, it proves the necessity of policies aimed at establishing a material equality, and not just a formal equality, as a way to reduce the symbolic violence which exists in the current society. Besides it, the article makes an analysis of the health’s judicialization related at the soaring of judicial demands which demands not-included medicines on the SUS’ roster, justified by the previous negative answer issued by the executive branch. So, it connects the explained thematic according to the Struggles for Recognition, by Axel Honneth, proving the relevance that the individuals have their own particularities preserved and respected by the state and all the collectivity, objectifying the mutual recognition and the harmonious social coexistence.