A judicialização da saúde à luz de parecer desfavorável da CONITEC na incorporação de tecnologias ao SUS

• Autor(a) principal: Sebastião, Sarah Loureiro
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/41733
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Direito à saúde; Judicialização; Tecnologias em saúde; CONITEC; Incorporação; SUS; Right to health; Judicialization; Health technology; CONITEC; incorporation; SUS

The “Citizen Constitution” of 1988 recognized health as a right of all and a duty of the State, thus attributing a dual dimension (objective and subjective) to such a guarantee. However, there is much discussion about the judicialization of health, especially regarding actions aimed at the provision of technologies not incorporated into the SUS. This debate gained even more repercussion after the advent of Federal Law No. 12,401/2011, which conferred on the Ministry of Health, advised by Conitec, the competence to define which technologies should be integrated into the public system. Thus, this study was dedicated to debating the possibility of claiming, in the Judiciary, the provision of health technology whose incorporation was discouraged in the administrative sphere. For this, first, the evolution of health as a right, its positivation in the 1988 Charter and characteristics were explored. Then, the institution of the incorporation administrative process was worked on and, finally, the judicialization of the theme, considering your dilemmas, interference of the Judiciary in the discretion of Conitec and the latest decisions of the STF and STJ on the matter. Furthermore, a conclusion was presented that defends the rectification of what was decided in Theme 106/STJ, expanding to clinical procedures and other health Technologies