Evolução das decisões dos tribunais superiores em relação à disponibilização de medicamentos: da ADIn 5.501/DF à Tese 6 de repercussão geral

Abstract

Public policies have recently become an object of interest in law, with the bibliography that relates the sciences of public policy and public administration with the science of law being reduced. The aim of the study was to analyze how the evolution of the decisions of the Superior Courts on the availability of medicines by the Sistema Único de Saúde (SUS) occurred, considering the Science of Public Policies, and its theory, functioning and application. Theoretical research was carried out with bibliographic and documental analysis, based on decisions of the Supremo Tribunal Federal (Federal Supreme Court) and Superior Tribunal Federal (Superior Federal Court). There was an evolution in the understanding of politics in its genesis by jurists. At first there was a lack of criteria in relation to legal demands, at a second moment there was the paradigmatic decision of phosphoethanolamine.