A judicialização do fornecimento de medicamentos e o impacto sobre as políticas públicas de saúde

• Ano de defesa: 2017
• Autor(a) principal: Marques, Cleverson Aldrin
• Orientador(a): Pierdoná, Zélia Luiza
• Banca de defesa: Gioia, Fulvia Helena de , Marques, Carlos Gustavo Moimaz
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Presbiteriana Mackenzie
• Programa de Pós-Graduação: Direito Político e Econômico
• Departamento: Faculdade de Direito (FDIR)
• País: Brasil
• Palavras-chave em Português: judicialização da saúde; fornecimento de medicamentos; políticas públicas
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://dspace.mackenzie.br/handle/10899/24035

The judicialization of the right to health allows the citizen to seek in the Judiciary an option to obtain medicines or treatment in the Unified Health System, thus admitting that through a lawsuit, obliges the State to supply medicines that are not Offered by the Unified Health System. The Unified Health System is responsible for formulating health policies aimed at promoting, in the economic and social fields, the inclusion of people and society in the activities of providing health services. Thus, the actions of the Judiciary Branch should only become effective in the public policies already formulated within the scope of the Unified Health System, thus not compromising the public budget previously allocated to health. The question of the judicialization of medicines has been widely discussed in the Federal Supreme Court, which currently examines Extraordinary Resources (REs) 566.471 and 657.718, which deal with the supply of high-cost drugs not available in the list of the Unified Health System and non- Registered in the National Sanitary Surveillance Agency. However, the Federal Supreme Court has not yet pacified the issue and to this day, it still prevails in the High Courts to the jurisprudential orientation according to which the "right to life" is a superior right, which cannot be minimized by minor issues such as finances and The public budget. Through the descriptive bibliographical research and the quantitative qualitative method, the study concluded that the judicialization of the drug supply generates impact on the public policies of the health field, because it does not observe the principle of prior costing. The State in implementing public health policies must have the financial and economic means to support them, and the Judiciary must analyze whether the State has the necessary resources to comply with judicial decisions without jeopardizing the Unified Health System, since Lack of budgetary forecast for the supply of medicines through lawsuits, may have an impact on the effectiveness of other public policies in the health field.