A judicialização da saúde e a questão do fornecimento de medicamentos pelo ente estatal

Abstract

Health is the right of all and the duty of the State. Therefore, it is necessary to analyze this right from the perspective of human rights, since dignity is inherent to the human person. This seems trivial, but it has not been understood by the Brazilian authorities and issues related to this social right have been recurrent before the Judiciary, due to the well-known judicialization of health. This is due to the deficient performance of the Executive and Legislative in the promotion of public policies for the Brazilian population. In this sense, the concepts of existential minimum and theory of reserve of the possible were applied to the question of judicial demands that have as scope this type of matter. In addition, the idea of health mediation was presented, which already exists in several counties in Minas Gerais and in the State of Goiás. Such an extrajudicial solution aims to reduce the patient's waiting time for the medication requested by the courts. Furthermore, the issue of the supply of medicines by the public health system was dealt with, in which it was found that ANVISA presents a list of medicines called RENAME, and that is why it is so difficult to find a drug that is not on the list. And, finally, the issue of drug patents in Brazil was dealt with, which evidenced the lack of technical structure by the competent body to assess the demand for patents. Thus, it is necessary to comply with what the Constitution advocates, since the State cannot forget to comply with it.