A solidariedade dos entes federativos na assistência à saúde e a concessão de medicamentos de alto custo pelos municípios à luz do tema 793 do STF

• Autor(a) principal: Chagas, Luiza Caldeira
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2722
• topic: Judicialização da saúde; Medicamentos de alto custo; Saúde; Solidariedade dos entes; Tema 793 do STF; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present work conduct the solidarity of federative entities in health care. This premise has a strong constitutional basis, and was developed with intensity over the years, due to the exponential growth of demands in the heath area towards the judiciary system. The 793 Theme of the Supremo Tribunal Federal (Federal Supreme Court), of general repercussion, understands the unrestricted solidarity of the entities in attending the judicial processes. However, there are constitutional divisions regarding the social services that must be accomplished – including those that could fulfill a preventive role for such individual requests – and internal hierarchies in the Sistema Único de Saúde (Unique Health System), that must direct the judge, regarding the obtaining, dispensing and realization of the postulated requirements. The Municipalities, autonomous entities, but with lower purchasing and structural power, end up answering the claims without monetary restrictions and, despite having the possibility of a judicial request for restitution in cases where they come to receive the loss of the pledged, it is not yet definitive to re-establish the spent. Thus, the objective, based on bibliographic analysis, is to detach itself from the way in which Municipalities are not affected in such a negative way. The present work seeks to present a problem of: what are the consequences to municipal administrations when providing high-cost medicines, due to the solidarity of federative entities in health care, strengthened by Theme 793 of STF? In the presented hypothesis, it is clear that the greater communicative development between the Judiciary, and other entities embedded in the process, legislative, executive and supervisory of health, despite it’s high complexity due to the particularity of the area, assumes practical importance to the improvement of healthcare assistance for the citizens, and to clarify the gap filled by the judiciary in health care, it would be beneficial to carry out research that would indicate where the failure is occurring in the provision of generalized health care. The research methodology used was bibliographical, in the selective and analytical modality of legislation, jurisprudence, doctrine and articles on the subject.