Da obrigatoriedade de fornecimento, pelo poder público, de medicamentos não cobertos por normativa do Sistema Único de Saúde - SUS

Abstract

This paper proposes an analysis of the phenomenon known as judicialization of health, especially regarding the duty of the Public Power to provide medicine which is not contemplated in the regulations of the Sistema Único de Saúde (SUS). For this it is intended to discuss the implications of the universalization of health from the constitutional point of view without forgetting the discussion about the budget disorganization of the state entities before the approval of the judicial protection for the supply of medicines. In the same way, it is intended to critically observe the parameters used by the courts for the analysis of judicial requests. Underlying this study, were used, not only doctrinal resources, but also jurisprudential research that demonstrates the tendency of the judiciary to condition the deferment to rigid requirements. It is concluded that the growing flow of lawsuits that seek to obtain from the Public Government the delivery of medicines to citizens has generated the need to deepen the discussion in the legal means, which is why this challenge has been chosen.