Judicialização da saúde: fornecimento de medicamentos segundo o julgamento do recurso especial n°1.657.1561.

Abstract

The scope of this study is to present, from a legal point of view, the topic of health judicialization, taking into account the current position of the Superior Court of Justice in the judgment of Special Appeal No. 1,657,156 / 2017, which establishes criteria to be followed by magistrates in decision-making in the case supply of medicines outside the normative acts of the Unified Health System. In the course of the investigation the legitimacy of the judiciary's actions in the actions that involve the right to health was analyzed, besides the diverse positions of jurisprudence and Brazilian doctrine about the supply of medicines buy the State. For this purpose, the article was based on bibliographical research, based on the legal provisions of Constitutional Law and Administrative Law, as well as books, articles, periodicals and also in the jurisprudence of the Courts on the subject.