SUPREME FEDERAL COURT THEME 6: THE RIGHT TO HEALTH AND THE FUNDAMENTAL RIGHT TO EVIDENCE

Abstract

This article, through doctrinal and case law research, examines the criteria for the provision of drugs registered with the Brazilian Health Regulatory Agency (Anvisa) but not included in the official list of the Unified Health System (SUS), as established in Theme 6 of General Repercussion by the Supreme Federal Court, in light of the fundamental right to evidence. To develop the study, it first analyzes how the Judiciary had been addressing the matter and the recent ruling delivered by the Supreme Federal Court. It then explores the concept of the fundamental right to evidence to subsequently compare it with the thesis established in Theme 6. The objective is to demonstrate that the evidentiary burden imposed on the plaintiff under the parameters defined in the precedent violates the fundamental right to evidence.