A JUDICIALIZAÇÃO DA SAÚDE NO ACESSO A MEDICAMENTOS À BASE DE CANABIDIOL: UMA ANÁLISE LEGAL, ADMINISTRATIVA E JURISPRUDENCIAL

Abstract

This study aims to analyze the criteria adopted by courts in interpreting the right to health for granting access to cannabidiol-based medications. Since 2014, these pharmaceuticals have been increasingly used in the treatment of various diseases, such as epilepsy and Parkinson's disease. Given the lack of specific legislation and the growing number of judicial and administrative claims, the National Health Surveillance Agency issued resolutions to regulate access to the substance. However, these measures were not sufficient to reduce the frequent legal disputes that permeate the Brazilian judiciary. In this context, lawsuits face a key duality between health regulations and the right to health, a fundamental principle of the 1988 Constitution. The research problem arises from the need to understand the criteria for granting or denying access to these medications in court rulings. The research methodology was based on studies, case law, and regulatory acts addressing the subject. A bibliographic review was adopted as a technique to collect and critically analyze scientific texts on the judicialization of health related to cannabidiol-based pharmaceuticals, with a conceptual focus and no empirical data collection. The research results showed that the criteria include demonstrating the necessity of the medication, the absence of therapeutic alternatives, and the patient’s financial vulnerability. Furthermore, the study revealed that the judicialization of access to cannabidiol-based medications is a direct consequence of the State’s omission in ensuring the right to health, particularly due to the lack of public policies that guarantee broad and equitable access.