"LINKAGE" TO NATJUS AND ACCESS TO MEDICINES NOT INCLUDED IN THE SUS: A CRITICAL ANALYSIS OF THE JUDICIALIZATION OF HEALTH IN THE COURT OF JUSTICE OF TOCANTINS

Abstract

 This study analyzes the judicialization of healthcare in Tocantins during the second half of 2026, focusing on the application of the thesis established by the Brazilian Supreme Court (STF) in Theme 6 (RE 566471). The investigation uses a quantitative-qualitative approach to compare the decisions of the Court of Justice of the State of Tocantins (TJTO) with the operational data of the Health Secretariats (SES and SEMUS). The central objective is to evaluate whether the criteria for exceptionality in the provision of high-cost medications are being effectively observed or whether the judicial route remains a shortcut for failures in administrative management. The analysis reveals that, despite the rigor imposed by the STF, the volume of demands remains high, which is perceived in the judgments of the first half of 2025 in the Court of Justice of Tocantins, demonstrating a consolidation of the restrictive pattern, with approximately 70% of appeals dismissed, evidencing that the TJTO has rigorously incorporated the exclusion criteria of Theme 6 of the STF. A key factor in this scenario is the role of the NatJus technical notes, which have become the main source of judicial persuasion, in strict compliance with the requirements of the Supreme Federal Court (STF). However, data analysis shows that the lack of coordination between the Judiciary and the budgetary planning of the state health departments still generates uncertainty in inventory management and the sustainability of the regional Unified Health System (SUS).