THE RIGHT TO HEALTH: THE INTERPOSITION OF DEMANDS IN SEARCH OF THE SUPPLY OF HIGH-COST MEDICINES BY THE STATE

Abstract

Faced with the primary need for health care, citizens seek medical and hospital care, and when faced with the prescription of a treatment, it may be necessary to use drugs, or undergo a more specific treatment, such as possible intervention surgery. It turns out that, in specific cases, of unique diseases, these medicines can cost a high price, which prevents citizens from having access to healthcare. Provided for in article 6, among social rights, access to health is a constitutional guarantee of state responsibility. Indispensable for achieving human dignity, when it is not possible to acquire the medicine, the citizen needs to look for ways to solve the problem, even legally. In this way, the research that begins has the general objective of analyzing the relevance of mandatory actions vis-à-vis the State as an instrument of access to high-cost medicines that are not provided free of charge. In the meantime, through bibliographical research, the scientific article was written according to the deductive method, starting with the constitutional approach to the right to health, with an analysis of the financial impacts on the State, to conclude on the judicialization of this right through the filing of actions of obligation to do and the effects arising from it in opposition to the principle of reserving what is possible.