Judicialização da saúde: A dignidade da pessoa humana e a atuação do supremo tribunal federal no caso dos medicamentos de alto custo

Abstract

The objective of the research is to investigate the phenomenon of the judicialization of the right to health, in what specifically refers to high cost drugs. For that, the Federal Supreme Court and the hermeneutical criteria used in the trial of the cases submitted to it were analyzed, ascertaining its relevance to the principle of the dignity of the human person. The scientific article proposes the discussion of a relevant topic from a theoretical and practical point of view, given the need for legal clarification of the hermeneutical criteria used for the recognition of the fundamental right to health. The originality of the theme stems from the critical points of the current position of the Federal Supreme Court and the hermeneutical parameters adopted in the decisions already handed down. The social impact sought with the research is to ensure the implementation of the public policy of high cost drugs, through judicial action, to ensure the human dignity of patients. The present research problematizes the theme but leaves its limitations evident, with the intention of proposing new questions for future investigations, specifically regarding the debate of possible collision between individual and collective fundamental rights. Through the theoretical-bibliographic and documentary research, it was possible to construct thematic, theoretical, interpretative and comparative analyzes, which allowed a critical-epistemological approach of the proposed theme. In the end, it was concluded that the extensive democratic interpretation of the fundamental right to health guarantees patients access to high-cost medicines based on the dignity of the human person.