Política nacional de medicamentos no estado social e democrático de direito brasileiro: avanços e desafios

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Simonetti, Angela
Duarte, Clarice Seixas
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Ribeiro, Hélcio
Aith, Fernando Mussa Abujamra
Direito Político e Econômico
The right to health is a fundamental right enshrined in the Brazilian Social and Democratic Constitution of the State of Law. Social rights are characterized by being rights that require positive actions of the state, established through the provision of services that tend to reduce social and regional inequalities, which are objectives of the State. Thus, the right to health must be ensured through public policies. The public policy of access to medicines is inserted as an instrument for ensuring the right to health. The "judicialização" of the National Drug Policy (PNM) is related to the subjective right to health and the implementation of this right. The paper concludes there are positive findings with respect to PNM, in terms of steps to be followed in the preparation, implementation, monitoring and evaluation of public policies; as compliance with the principles of health decentralization, progressivity in relation to additional products in the list of the National List of Essential Medicines (Rename), as well as financial resources to execute their purpose. Criticisms to be raised concern the lack of goals to be achieved, lack of objective indicators that allow assessment of the PNM results. It also raises the question of the decisions' legitimacy, in view of the absence of popular participation. There also, the institutionalization of popular participation in the sense of decision-making processes of the PNM's control and surveillance. The intense action of Justice in this area suggests that there are flaws in the disclosure of the Rename, but also on the effective availability of medicines at health unities responsible for dispensing them.
direito à saúde , Estado Social e Democrático de Direito , Brasil , participação popular , Política Nacional de Medicamentos , right to health , Social and Democratic State of Law , Brazil , Brazilian National Drug Policy