O papel das ações civis públicas na tutela do direito à saúde: o caso do medicamento abiraterona

Abstract

The 1988 Constitution established in the Brazilian legal system a wide range of fundamental and social rights, among which the Right to Health. For the realization of this right, the judicialization of this claim commonly occurs. In view of this scenario, the present paper proposes to deal with the role of the Public Civil Action in the protection of the Right to Health, based on a case study of the Public Civil Action (nº 0816072-31.2022.4.05.8100) proposed by Public Defenders of the Union, with the objective of obtaining the regularization of the supply of the medication abiraterone, for the treatment of castration-resistant prostate cancer. To do so, explore the conceptions of the right to health in Brazilian law and the medicine supply policy in Brazil. Subsequently, the right to health as a collective right and the specific procedure of the Public Civil Action were dealt with. Finally, it was the case study itself, analyzing the relevant aspects in relation to the Action and making some critical considerations regarding the oncology drug supply policy. As a methodology, a research of basic strategic motivation and descriptive objective was carried out, with a qualitative approach and hypothetical-deductive method with bibliographic and documental procedures. At the end of the research, it was possible to perceive that the negligence in regularizing the supply of oncological medication implies an even greater cost for the Public Administration.