A constituição econômica no fornecimento de medicamentos de alto custo pelo SUS: uma análise pela reserva do possível e a dignidade da pessoa humana

Abstract

This work analyzes the protection of the right to health by the Brazilian State, more specifically in the supply of high-cost medicines, addressing the legal arguments of the protection of the protection of the human person and the reserve of the possible. Some cases will be examined in which the Judiciary forced the State to provide admitted medications not included in the official lists of the Unified Health System, due to the fact that pharmaceutical assistance demonstrates to be an effective public policy in assuring the minimum of immunity for those who need it, even with allegations of budget unavailability for this. In the end, it is established that the right to health is fully effective in the Constitution, since any failure in its provision or omission violates a fundamental right, allowing the individual to enforce it through the courts.