Direito à saúde, orçamento público e responsabilidade dos entes federativos à luz do STF

Abstract

Health constitutes one of the pillars of the Principle of Human Dignity, which assumes the place as the foundation of the Federative Republic of Brazil. Health is a constitutional right of all and an obligation of the State, to be guaranteed by means of social and economic policies. The Magna Carta establishes as the common competence of the federated entities the responsibility for the tending of health. The understanding that the Union, States, Federal District and Municipalities are equally responsible for the provision of health care, was the object of several trials of the Superior Courts, Having the Federal Supreme Court fixated a thesis of general repercussion by judging the RE 855.178 - SE (Theme 793), which established that the federal entities, duo to the common competence, are jointly responsible for service demands in the health sector, and according to the constitutional criteria of decentralization and hierarchization, it falls to the judicial authority to observe its fulfillment according to the rules of distribution of competences and establishing the refunding for those who suffered the financial burden. Remains still defined that in the case of benefits not provided at the Single Health System (SUS), it would be necessary the inclusion of the Union in the passive pole. This focus is especially important for the maintenance of health policies already implemented by the surrounding spheres of government, in accordance with their administrative skills and budget capacities. This work sought to analyze the practical implications of the referenced res judicata in the conduct of demands that pleaded for medications not incorporated in the SUS, by the primary judicial organs of the capital of Alagoas. The results achieved signal that the binding precedent hasn’t been thoroughly observed by the judging bodies analyzed, evidencing a condition of legal uncertainty still branded under the theme.