This Monday the 9th, the Federal Supreme Court formed a majority vote to establish criteria on the cases in which the Court can determine the supply of medicines not incorporated by the Unified Health System.
The trial, which has general repercussions, is being processed in the virtual plenary and should end next Friday the 13th.
The rapporteur, the minister Gilmar Mendespresented an agreement, made by a special commission, which proposes measures such as the creation of a national platform to centralize medication demands. The proposal is to facilitate the management and monitoring of orders.
Ministers accompanied the rapporteur Edson Fachin, Toffoli Days, Luís Roberto Barroso, Cristiano Zanin e Flavio Dino.
Other rules of the agreement include criteria on who should judge the demands (state or federal justice), limits on the prices of medicines supplied in court and financial compensation for states and municipalities that pay for treatments outside their responsibility.
In demands presented to the state or federal courts, the magistrate must evaluate the public administration’s justification for denying the supply of the medicine, and, in the case of medicines not incorporated into the SUS, scientific proof of their effectiveness will be required, in addition to the absence of alternatives already available. available in the system.
The resource only deals with the supply of medicines and does not include products such as prosthetics, orthoses or medical equipment.
