Judicialização da saúde: a aquisição de medicamentos de alto custo pela via judicial

Abstract

This monograph aims to study the recurrent provocation of the Judiciary to carry out the fundamental right to health, in spite of the omission of the provision of high-cost drugs by the Government and the need for intervention by the State judge in the implementation of the public policy for the release of highly complex drugs in Brazil. Due to the high and growing number of lawsuits related to this topic, this phenomenon has been recognized as a judicialization of health. On the other hand, the theory of the reserve of the possible arises, based on the limitation of the availability of budgetary resources by the Executive and Legislative Branches for the realization of the right to health, however, this one comes across so many times in the notion of existential minimum. It adds to the theory, under-funding of the health system and poor allocation of expertise. In the face of this debate about judicial intervention in health care, the present work seeks a satisfactory solution for the guarantee of this social right.