THE JUDICIALIZATION OF HIGH-COST MEDICATIONS, ITS LIMITS AND POSSIBILITIES UNDER THE PERSPECTIVE OF TOPIC 1.234

Abstract

This article discusses the limits and possibilities of judicialization regarding high-cost medications from the perspective of Supreme Federal Court (STF) Ruling 1234. The analysis will be conducted respecting the competence of each entity and acting within the limits of the Federal Constitution. The objective is to identify the parameters capable of balancing constitutional rights with the budgetary sustainability of the Brazilian Unified Health System (SUS). The theoretical basis is the Federal Constitution, combined with the doctrines of José Afonso da Silva, Ingo Wolfgang Sarlet, and Daniel Wang, as well as the fundamental understanding of STF Ruling 1234, which represents the most recent and comprehensive jurisprudence on the subject. The research adopts a qualitative approach of an exploratory and descriptive nature. The results are based on the decision of Ruling 1234, which establishes the competence of each entity to act within its budgetary ceiling, respecting its limits and satisfactorily addressing requests as far as possible.