O impacto jurídico- social do fornecimento do zolgensma aos pacientes com atrofia muscular espinhal à luz da reserva do possível e mínimo existencial na jurisprudência do STF e STJ.

Abstract

Bearing in mind that the supply of high-cost medicines directly impacts society, the dilemma arises as to which interest should prevail: that of the person who needs – to ensure their right to life – the treatment requested in court or the community interest of society. in having the right to universal and equal public health guaranteed. Therefore, the present study deals with the legal-social impact of providing Zolgensma to patients with Spinal Muscular Atrophy in light of the reserve of the possible and existential minimum, using, for this purpose, the jurisprudence of the STF and STJ. To achieve this, it was necessary to systematize the social right to health in the Brazilian legal system, analyze the social impact of high-cost medicines (for example, Zolgensma Gene Therapy) and expose the legal consequences of providing high-cost medicines, taking into account consideration of the principles of the reserve of the possible and the existential minimum. Bibliographical and documentary research was then carried out, using a qualitative approach, and the attributes of this study were categorized as exploratory and descriptive in nature. In view of this, it was found that the State does not always effectively guarantee the physical and mental well-being of people who need drug treatment, a right of constitutional status, since it is, for many, a prerogative for health and a dignified life. When this happens, the Judiciary's task is to guarantee the lives of those who need their protection. Therefore, we consider it essential that, once the requirements for the granting of high-value medicine have been duly verified, Zolgensma is provided – as well as other medicines essential to the life of the ward –, based on a joint analysis of the aforementioned principles. In general, the jurisprudence of the Superior Courts has not departed from the need to guarantee minimum conditions for the dignified existence of each person, with increasing respect for the foundation of the Federative Republic of Brazil, that is, the dignity of the human person. Therefore, it was possible to conclude that, despite entailing legal consequences due to its high value, the supply of Zolgensma Gene Therapy cannot be denied to those who need it and do not have the financial means to purchase it. However, according to decisions and votes transcribed in this monograph, there are numerous cases in which the State's interest overrode private interest, this is because individual interest in the legal claim for a medicine may not always prevail in the face of the community's need for basic health.