Passive legitimacy in lawsuits for the supply of medicines under the prism of competence partition within the administrative scope

Abstract

The purpose of this text is to address passive legitimacy in drug supply actions, from the perspective of the division of competence in the administrative scope and in the light of the recent thesis fixed by the Superior Federal Court on the subject. In effect, the Unified Health System has a regionalized and hierarchical organization, with responsibilities clearly shared among the federative entities on terms of infraconstitutional legislation (Law. 8,080/90). Own each member to elaborates their own list of drugs to be made available free of charge to the population, based on the National List of Essential Medicines, instituted by Ordinary No. 3,916/98 of the Ministry of Health. This way, should appear in the passive pole of the lawsuit the federal authority administratively to provide the medicinal product subject to the action, that is, the person responsible for the list of which the required medicinal product, since it allocated budget funding for both. Otherwise, by responsible for jointly and severally, there will be a huge budgetary impact on the public coffers of the person who supported whose responsibility didn’t belong to him, so to put into check too many rights inherent to the population, and, violate the decentralized organization of the Unified Health System – SUS, constitutionally assured. The method used is deductive, applying the technique of bibliographic, documentary and jurisprudential research.