Afonso, Túlio Augusto Tayano2024-04-232024-04-232023BRENDOLAN, Pedro Ricardo Morello. A ordem econômica e a discponibilização de medicamentos de alto custo: a vida e a dignidade da pessoa humana em xeque. Goiânia (GO), 2023. 169 f. Dissertação (Mestrado Profissional em Desenvolvimento Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2023.http://repositorio.unialfa.com.br/handle/123456789/382This dissertation has as its object of study the analysis of the availability of high-cost medicines in the public and private spheres, from the perspective of the economic order, whose purpose is to ensure a dignified life for all. It approaches the constitutional evolution of the treatment given to health and the economic order, from the economic landmarks, identifying that the right to health, with universal and integral access, reached its apex in the Federal Constitution of 1988, being considered by some as an immutable clause. It conceptualizes, based on the affirmation of this unconditional right to health, high-cost medicines, as those that do not allow the patient to purchase them due to their high value or those that have an increased value as a whole, due to continuous use due to chronicity of the illness that afflicts him. It highlights the performance of ANVISA, the Ministry of Health and the ANS, respectively, in the registration of medicines in Brazil, in their availability via SUS and via health plans, identifying the unreasonable delay of such bodies, which increases the judicialization and puts into question risk the lives of patients. It clarifies that the reserve of the possible does not overcome the need to guarantee the existential minimum, because without health there is no life. Asserts about the need for management, planning and incentive to research by the State. He mentions that, having the attribution of protecting the consumer, the ANS cannot be tied to bureaucratic issues and delay in including in its list drugs already approved and made available outside Brazil and many already approved by ANVISA, which, incidentally, became determined by the recent Law n. 14.454/22. It affirms the normativity of human dignity and the right to life, which consecrate the state's duty to allow broad access to health, preventing any setback regarding such constitutionally guaranteed right. Research carried out in a descriptive, explanatory way, through bibliographical, legislative and jurisprudential consultations, based on the deductive method.ptDireito à SaúdeDisponibilização de medicamentosDignidade humana