Princípio da Supremacia do Interesse Público e Direito Fundamental à Saúde: Fornecimento de Medicamentos Não Padronizados pela Administração Pública

• Autor(a) principal: Steimbach, Rosiane
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15569
• topic: Dignidade da pessoa humana. Direito à saúde. Supremacia do interesse público. Sistema Único de Saúde. Fornecimento de medicamentos.

The right to health is constitutionally guaranteed for all and has universal access, being strictly related to life, which is a fundamental right provided for in art. 5, of the Brazilian Federal Constitution, integrating one of the pillars of the State, namely, the dignity of the human person, which is enshrined in art. 1st, item III, of the Magna Carta. Health promotion is a joint responsibility between the Union, States, Municipalities and the Federal District. In order to meet health demands in the public area, the State created the Unified Health System, popularly known as SUS, providing care and treatment for all citizens. Within what is understood as the right to health, the right to the supply of medicines by the public entity is contained, which are essential for the treatments sought. In order to meet the largest number of demands, the Public Authority created a list of standardized medicines to be distributed by all pharmacies of the federation's entities, which are part of the public budget and meet the basic needs of individuals. However, sometimes, drugs that are not included in this list are necessary, that is, they are non-standardized drugs, which means that the individuals who claim them end up receiving a refusal from the Administration and enter the Judiciary with legal actions, causing the judicialization of health. Thus, in the face of such situations, the present work aims to analyze the supply of non-standardized drugs by the Administration, in view of the principle of the supremacy of the public interest and the fundamental right to health. It is intended to explain the constitutional rights that permeate the cases, in addition to the administrative principles that bind public agents and the health system, as well as the standardization procedure for drugs, to then analyze the understanding of the Court of Justice of Santa Catarina and the positioning of the Supreme Federal Court. To carry out the research objective, the deductive approach method was used, with a monographic procedure. The conclusions reached allowed us to conclude that there are requirements for the supply of non-standard medicines, enabling the guarantee of access to health and the right to life for individuals, however, always considering the specific cases, considering that such supply causes extraordinary expenses to the State and it can cause problems in the health system, violating the principle of the supremacy of the public interest.