Políticas públicas de acesso às medicações de alto custo: quando judicializar se torna inevitável

Abstract

The Federal Constitution of 1988 ensures health as a subjective public right of all citizens. On this basis, the number of lawsuits filed against the State is increasing in the country, seeking access to high-cost medications, given the natural financial limits of the State. This dissertation aims to address the issue of access to high-cost medications in the face of scarcity of public resources. The objective is to show that, although the State seeks to ensure access to medicines to the community for the protection, promotion and recovery of the health of individuals, based on the national list of essential medicines of the Ministry of Health, this objective encounters obstacles. , making it difficult to meet the constitutionally guaranteed needs in this sector. Therefore, there is an analysis of the performance of the Federal Supreme Court and the Superior Court of Justice, which tend to standardize their decisions, definitively establishing the criteria to be applied in matters involving the supply of medicines not included in the Unified Health System, the which should occur with the judgment of Extraordinary Appeal Nº. 566,471, which will bring greater legal certainty with the establishment of parameters to ensure greater uniformity between the decisions of the Judiciary. There are also recent public policies aimed at reducing the prices of these drugs, as is the case, for example, with technological compensation agreements, the breach of patents and the program of partnerships for productive development.