Direito fundamental à saúde e o acesso a medicamentos: uma análise acerca do julgamento do tema 6 do Supremo Tribunal Federal

Abstract

This work was developed based on the study of the thesis established in Theme 6 of the Federal Supreme Court, which determines the prerequisites for the judicial concession of medicines not incorporated into the Unified Health System. The objective was to investigate the grounds used by the STF to restrict judicial protection as a means of access to drugs not made available by the SUS, as well as to examine the criteria established to allow the exception of the established rule. Based on these objectives, we sought to answer the following question: does Theme 6 of the STF comply with the protection of the constitutional right to health? To this end, we adopted the methodology of literature review, in the form of bibliographic research, based mainly on Duarte (2020), Vidal (2019) and Toledo (2018). The results indicated that the decision sought to contain the excessive judicialization of health, contributing to an efficient management of public resources without compromising access to essential treatments.