Free supply of medicines by the state and the limitation imposed by the possible reserve

Abstract

The purpose of this article is to reflect on the free supply of medicines by the State and the limitation imposed by the reserve of the possible. The proposed problem is to identify which are the limits imposed by the reservation of the possible to the realization of the right to health, specifically, to the free supply of medicines by the State. As a hypothesis, it is suggested that the Public Power should guarantee a dignified existence for all Brazilians, even though it alleges the absence of financial resources and / or budget forecast. The general objective is to analyze the limits of the possible reserve for the free supply of medicines by the State, to the detriment of the existential minimum. In addition to the increase in the judicialization of demands of this nature in Brazilian states. In relation to specific objectives, we seek to conceptualize public health policies, discuss the dignity of the human person and the right to health, understand the difficulty in realizing the right to health by public entities, due to judicial decisions, in the light of the principle of reserving the possible and examining the understandings of the Supreme Federal Court on the subject. As a methodology, there is a systematic analysis of the Brazilian Constitution regarding the fundamental and social rights along with Constitutional principles, as well as a bibliographic and jurisprudential review, using for both the deductive method. As a conclusion, it is highlighted that the hypothesis was confirmed, since the State must guarantee an existential minimum. However, it must observe public budgets under the bias of collective interest, as outlined in the theory of the possible reserve.