The impact of court decisions regarding guarantee of access to high-cost medicines in the single health system (SUS)

Abstract

The judicialization of health in search of high-cost medicines and treatments for rare diseases presents the reality of many Brazilians. In this sense, the judiciary finds itself faced with the dilemma between the individual right to health and the economic viability of the Unified Health System (SUS). Court decisions, although they guarantee access to high cost treatments and innovative medicines, can destabilize this system as they end up overloading its budget and consequently creating inequalities in access to public resources. The right to health is a subject of constant debate in Brazilian society, where the problems faced in its implementation are difficult to resolve. The challenge then is to find a balance between meeting individual demands arising from judicialization and guaranteeing an equal health system for all. Thus, the procedural instruments in force in Brazil in terms of collective protection are supported by the fundamental rights provided for in the Federal Constitution (CR/88), which guarantees universal and equal access to public health services for all citizens. However, despite Constitutional protection and the creation of the Unified Health System (SUS), the implementation of the guarantee of this right is still fraught with difficulties, resulting in cases of negligence and violation of fundamental rights and the principle of human dignity contained within in the Constitutional norm.