Os medicamentos experimentais e a judicialização do direito à saúde: um estudo sobre a oferta de produtos à base de canabidiol para pessoas com TEA pelo Sistema público de saúde

Abstract

The study analyzes the issue relating to the judicialization of health in Brazil, arising from legal actions regarding the supply, by the public health system, of experimental medicines, whose scientific studies do not yet allow consensual conclusions regarding their effectiveness and safety. Take, as an example and guidance, the recent demands for products containing cannabidiol, a substance extracted from Cannabis sativa, by people with autism spectrum disorder (ASD). In view of this, the study aims to identify which criteria magistrates have been basing themselves on to form their convictions. To this end, the jurisprudence analysis methodology, bibliographic research in scientific articles and books and documentary research in normative acts and judicial decisions are used. The decisions analyzed were collected from the following courts: Federal Supreme Court; Superior Justice Tribunal; Federal Regional Court of the 5th Region and Court of Justice of the State of Ceará. It is concluded that these convictions depend, to a large extent, on existing scientific evidence and the robustness of the report from the doctor prescribing the medication, through which the indispensability of the product claimed is verified.