THE APPLICABILITY OF PASSIVE SOLIDARITY AMONG FEDERAL ENTITIES IN JUDICIAL DEMANDS FOR MEDICATIONS

Abstract

This paper reflects on the applicability of passive solidarity among federative entities (Union, States, Federal District and Municipalities) in the provision of medicines, as determined by court orders, considering the common jurisdiction established by the Federal Constitution in the health area. The research is bibliographic, using books, monographs, theses and scientific articles available in databases such as Google Scholar, journals and institutional repositories. Keywords such as "right to health", "judicialization of health", "judicial demands for medicines", "joint and several liability", "history of public health in Brazil", "principles and guidelines of the SUS" and "Pharmaceutical Assistance in the SUS" were used. The collected material was subjected to exploratory reading to identify relevant information, common and divergent points, and reliable sources. Then, analytical reading was carried out, selecting quotes and ideas for the construction of the text. The critical analysis of the information allowed us to conclude that, despite the complexity of the topic, it is possible to apply the principle of passive solidarity in legal demands for medicines, as long as the principles and standards of the SUS are respected, avoiding compromising its structure and collective health actions.