Direito à saúde e decisões estruturantes na jurisdição brasileira: o caso do fornecimento de fármacos de alto custo

Abstract

The present work will seek, firstly, to develop the study on Fundamental Rights, more precisely on the Right to Health in the light of the Federal Constitution in force in 1998, determining not only its holders and recipients, but also the possibility of limitation by the judiciary, the body this one that went through several transformations during the republican era, becoming more active to assert the fundamental guarantees due to the inherence of the public power, generating consequently doctrinal discussion about the limits of the interference of one power in another and to understand this At this point, a doctrinal survey will be carried out regarding judicial activism and the judicialization of law, so that it can enter into the main theme of the study, which is the structuring measures and their relationship to the Right to Health in Brazil with regard to RE 566,471 referring to costing of high-cost drugs, and here a study will be made of the origins n of these measures, the feasibility of inclusion in the organization and an analysis of the policy of essential medicines known as RENAME, made available by the Unified Health System, and the possible extension of this availability to those outside this list. In addition to all the above, the question remains whether Minister Luis Roberto Barroso's vote in RE 566.471 would be a kind of structuring measure aimed at achieving effective access to Health. Regarding the methodology, it had been used for all the justification, scientific articles, specialized doctrine and jurisprudence of the Federal Supreme Court.