Medicamentos de uso OFF Label e o direito à saúde: uma análise do entendimento jurisprudencial do superior tribunal de justiça

Abstract

The purpose of this study is to analyze the thesis established by the Superior Court of Justice (STJ) during the trial of Special Appeal No. 1,657,156, noting its effects on the concession of off-label drugs by the Unified Health System SUS), with the purpose of verifying their reflexes in the obstruction of the realization of the social right to health. In addition to this, two other special resources are also addressed, chosen because the three are the ones with the greatest repercussion, in addition to being tried in the second half of 2018. Initially, the work addresses the content of the right to health in Brazil, detailing its scope , organization and its infraconstitutional contours in its effectiveness. It then briefly discusses the application of the principle of the reserve of the possible, together with the principle of equality, and whether these would be obstacles to the realization of the right to health when required in the judicial process, especially as regards the supply of off- label by the State. It also discusses the decision of REsp 1,657,156 and other understandings of the Superior Court of Justice pertinent to the study in question, relating the effects of the thesis established by the said court with the obligation - or not, of the public power in the supply of off label drugs against the fulfillment of the right to health