Entre a efetivação do direito à saúde e as escolhas trágicas: a judicialização de medicamentos não padronizados nos Temas 1234 e 6 do STF

Abstract

This article addresses the judicialization of access to non-standardized medications in Brazil, analyzing how so-called tragic choices are inherent to the complex issues surrounding health law. It starts from the premise that, like other fundamental rights, the right to health is subject to limitations. Based on the doctrine of Virgílio Afonso da Silva, as well as the theories of Tragic Choices and the Reserve of the Possible, the article examines the criteria established by Themes 6 and 1234 of the Brazilian Federal Supreme Court for the judicial granting of medications not included in the guidelines of the Unified Health System (SUS).