A judicialização da saúde como instrumento de garantia de acesso a medicamentos de alto custo: desafios e limites da administração pública

Abstract

This notable study will address the challenges related to issues of access to medicines as parts of the right to health, given the emblematic discussions that range from aspects of public policies to judicialization. The research will have the purpose of highlighting precisely the appropriate means admitted by law for full access to medicines, whether through programs created by public policies that value comprehensive and universal health or even through the judicialization of medicines that are standardized by the Unified Health System (SUS) and are often denied by the Public Administration itself. In the meantime, reflections will be made directed at the insufficiencies of public policies on medicines, considering the lack of their supply in view of the financial and social insufficiency of citizens, as well as mentioning the bureaucratic and administrative issues instituted by the SUS itself. Throughout the work, theoretical and practical aspects of medicines that are subject to judicialization through doctrinal and jurisprudential construction will be addressed. The main objective of this dissertation is to understand judicialization as a necessary response to the Public Administration's failure to provide these medications, visualizing which factors influence this stance adopted by the entities of the federation. Thus, the theoretical consistency of the debate is exquisite and the chosen method was qualitative, given the punctuality of the bibliographic research technique discussed by the great references that contribute to the discussions of these new perspectives linked to access to medications, being crucial to highlight the priority of these in relation to the improvement in health programs, actions, initiatives and services.