THE JUDICIALIZATION OF THE RIGHT TO HEALTH FOR ACCESS TO MEDICINES WITHOUT REGISTRATION IN THE ANVISA

Abstract

Contextualization: The judicialization of health has been growing every year, demanding from the judiciary the resolution of problems related to different matters related to implementation of this important fundamental right. In this quadrant, the theme linked to the state's duty to provide health actions and services through the supply of medicines led the Federal Supreme Court to decide about the possibility of its dispensation even without the registration required by law by the National Health Surveillance Agency, provided that the precepts outlined by the Supreme Court in Extraordinary Appeal nº 657.718 are observed.

Objectives: The present work aims to analyze the performance of the STF in the aforementioned decision, as a way to reaffirm the importance of the Judiciary Power in the realization of fundamental rights, even more in light of the possible omissions of other Powers and bodies in charge of the implementation of public policies related to health.

Methodology: A qualitative approach was used to develop this research, as well as a documentary-bibliographical and exploratory approach.

Results: As a result, the role of the Judiciary is of paramount importance in realizing the fundamental right to health, such as the action of the Federal Supreme Court in RE 657.718/MG, guaranteeing access to medicines within premises based on safety precepts of applicants and effectiveness of drugs requested for release through the courts.