O fornecimento de medicamentos não incluídos em Política Nacional de Medicamentos ou Programa de Dispensação de Medicamentos em caráter excepcional do Sistema Único de Saúde pelo Poder Público: análise propositiva dos casos de excepcionalidade a serem fixados pelo Supremo Tribunal Federal na tese de repercussão geral do Tema 6

Abstract

The purpose of this study was to conduct a propositional analysis of the cases of exceptionality of the State's obligation to provide medicines not included in the National Drug Policy or in the Exceptional Dispensation Program to be established by the Federal Supreme Court (STF) as a thesis of general repercussion of Theme 6. To this end, a bibliographical survey of Brazilian doctrine and jurisprudence was carried out in order to present how the provision of medicines by the Single Health System (SUS) is implemented and what should be the criteria of exceptionality in which the State will provide medicines that are not included in the SUS dispensation lists. Finally, exceptional situations that should be defined by the STF when fixing the thesis of general repercussion of Theme 6 were proposed and the votes of the Supreme Court Justices rendered so far were analyzed and the possible consequences of the decision of the Plenary of the Supreme Court that the State is not obliged to provide high-cost drugs in situations where they are not included in the list of the Program for the Dispensation of Exceptional Medicines of the Unified Health System (SUS) were presented