A responsabilidade solidária dos entes federados na concessão de medicamentos de alto custo.

Abstract

The Constitution of the Federative Republic of Brazil established in its 6th article the social rights, among then, the health, that giving its relevance was inserted in the list of common competences between the federal states. Faced with the inefficiency and scarcity of public health services, several lawsuits have been proposed, especially for the supply of high-cost drugs, which totaled 120.109 (one hundred twenty thousand, hundred and nine) new lawsuits at 2018. Analyzing the State’s responsibility on this issue, the Federal Supreme Court and the Superior Court of Justice have repeatedly expressed the existence of solidarity among subnational entities regarding health. This paper lends itself to examine the constitutional and legal regulation concerning common competence, solidarity liability and health concretization by the State, as well as possible reflexes on lawsuits from both competence’s distribution and solidarity liability points of view. Therefore, this paper presents a bibliographical research of qualitative nature, from a deductive method.