A responsabilidade do estado no fornecimento de medicamentos de alto custo.

Abstract

The Federal Constitution of 1988 forecasts health as the right of everyone and the duty of the State that must be guaranteed through social and economic policies that aim at universal and equal access of people to health services. This undergraduate thesis aims to analyze whether the State is obliged to supply high-cost medicines to people. In order to do so, it investigates health from the point of view of fundamental rights, qualifying it as a human, universal and social right, characterizing the dignity of the human person as the reason for being of the Brazilian State. It exposes the list of diseases considered serious by the Brazilian legislation, besides bringing the importance of proving the financial lack of sufficiency of the person claiming high cost medication. It also exposes the importance of intervention by the Judiciary to ensure the effectiveness of the constitutional mandate that establishes the right to health, guaranteeing an existential minimum to the citizen. Finally, it shows that the State is obliged to provide high-cost medicines, according to the understanding of jurisprudence of the Federal Supreme Court. To produce the present study we used the deductive, historical and systematic methods. The procedure makes use of bibliographical research, through the analysis of books, journals and scientific articles published with an approach on the subject. In this way, it is aimed to clarify, without exhausting the questions about the subject, to where the responsibility of the State goes in supplying high-cost drugs.