The Superior Court of Justice and the Constitutionality of the Requirement for Proof of Economic Incapacity for the Acquisition of Non-Standardized Medicines S.U.S. Gustavo Goldzveig, Alex Gomes Seixas

Abstract

The purpose of this study is to analyze the decision of the Superior Court of Justice in the judgment of the Special Repetitive Appeal 1,657,176 / RJ, which deals with the obligation of the State to provide medicines not included in lists and clinical protocols of the SUS, cumulative requirements for granting, specifically, proof of the financial incapacity of the citizen, in the light of the principle of universality of access to health (Article 196 of the Constitution) and isonomy (article 5, "caput" of the Constitution), it being verified that the decision of the Court established a condition aversion to the said constitutional dictates.