MARTINS, P. C.; MARTINS, Paula Cristina.
Resumen:
The affirmation of fundamental rights and guarantees goes beyond the limiting function of power and becomes the basis and foundation of the rule of law itself, forming what Canotilho has come to call the "reserve of justice”, which is to say that such rights and guarantees are presented as parameters of legitimacy in the formal and material sense of the state legal order, jurisdictions to see and use the instruments necessary to guarantee freedoms and rights which together with the idea of popular sovereignty define the presuppositions of the Democratic State of Law. In April 2016, the law no. 12,269 was sanctioned, authorizing the use of synthetic phosphoethanolamine by patients diagnosed with cancer, regardless of approval and / or registration with ANVISA. The Brazilian medical association filed an injunction requesting suspension of this law under the justification that the substance, besides not having proven effectiveness, could come to harm patients, by compromising conventional treatment against the disease. A while later, the STF granted the certificate measure in ADI 5501, under the effects of the law that liberated the manufacture and use of the substance, that is, the cancer pill. Faced with this controversy, the present work sought to analyze some aspects and situations about the judicialization of health, especially regarding synthetic phosphoethanolamine (cancer pill).
