Acesso a saúde e judicialização: responsabilidade do Estado na garantia do acesso a medicamentos de alto custo

Abstract

This paper addresses the topic "Access to Health and Judicialization: The State's Responsibility in Guaranteeing Access to High-Cost Medications." Therefore, the main objective is to analyze the right to access to health care in Brazil, assessing the impacts of the judicialization of this right regarding high-cost medications. This study also examines the failure of the State to provide services that contribute to the increase in the number of such lawsuits filed in the judiciary. It also demonstrates the measures the judiciary has taken to improve and expedite the analysis of these lawsuits, aiming to ensure the health, life, and human dignity of patients. The data were analyzed using bibliographic methodology, based on an analysis of relevant legislation, scientific research, and articles available in institutional repositories. This analysis also included an understanding of the relevant doctrine, as well as a detailed analysis of court decisions on the judicialization of access to health care. As a result, it was found that, although the recent Supreme Court thesis is an important instrument in defending the population's access to healthcare, this measure does not replace the executive branch's urgent need to promote more efficient public policies that reflect the reality of scientific research. This is because much of the health system's shortcomings stem from mismanagement of available resources or cuts in existing financial resources. It is therefore essential to strengthen these public policies, especially by the executive branch, prioritizing adequate funding, management qualifications, and the appreciation of primary care as a structuring axis of public health.