Possíveis contribuições do estado de coisas inconstitucionais para efetivação do serviço público de acesso a medicamento de alto custo: análise dos recursos extraordinários nº 566.471/RN e n° 657.718/MG

Abstract

Whereas pharmaceutical assistance is a kind of public service, which is being rendered inefficient, especially because of the delay in updating official lists and the recognition of pharmaceuticals by ANVISA, the objective of this work was to study the possible contribution of ECI on this issue, particularly with regard to the supply of high-cost medicinal products, since the reasons for the inefficiency of public policy are not in the absence of regulation, But it is the result of institutional blockades, violating fundamental rights. For this reason, it was used of bibliographic analysis, documentary, with application of the inductive method, through the study of the extraordinary resources Nº 566.471/RN and N° 657.718/MG, which evidence the most recent positioning of the supreme on the subject. It is concluded that the judiciary has understood that high-cost medicines not recognized by ANVISA or that are not listed in the SUS do not incorporate the right to health. Thus, it is believed that the declaration of ECIis necessary, provided that the judiciary has moved the dialogue between the bodies responsible for the provision of the service, enabling the overcoming of the barriers, combined with a political action that meets the social needs.