Herani, Renato Gugliano2025-01-142025-01-142024SILVA, Elto Abreu da. O supremo tribunal federal na concretização da supraestabilidade do direito social a saúde. 2024. 453 f. Tese (Doutorado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2024.http://repositorio.unialfa.com.br/handle/123456789/556The Citizen Constitution of 1998, having the dignity of the human person as a guiding principle of the Federative Republic of Brazil, posited the social right to health as a constitutional duty of the Democratic State of Law in obedience to the constitutional commandments and created the Unified Health System with the purpose of to guarantee universal, egalitarian, and integral health services, indispensable for the exercise of the right to life and dignity. Regardless of the costs to public coffers, and without offending the principle of separation of powers. The ineffectiveness of the State in providing public health policies allowed the interference of the Judiciary powder in all its instances through collective or individual actions requiring, as a rule, medication, and health treatment. This thesis has the goal of analyzing the supra-effectiveness of the social right to health by the Federal Supreme Court in the process of Judicialization of Health, analyzing the constitutional and infra-constitutional norms related to this right. We carried out retrospective research on themes such as the existential minimum, reserve of the possible, drugs with and without registration at ANVISA, experimental drugs, high-cost drugs and rare diseases, and home care registered in monocratic decisions or in judgments issued by the Ministers of the Supreme Court Federal, since the enactment of the Federal Constitution of 1988 to the present day, aiming to describe the theses built over time on this theme, seeking to understand the phenomenon of Judicialization of health as a practical reality. The intervention of the Judiciary Power in the Judicialization of the Right to Health in Brazil is a relatively recent topic in the scientific literature. Discussions in the field are, not without surprise, still divergent, largely as a result of the scarcity of systematized data to support them. However, the position of the Superior Federal Court is peaceful that the fundamental right to health cannot be conditioned to the “reserve of the possible”, as it constitutes the existential minimum and human dignity. In conclusion, it was verified that the lawsuits processed in the Federal Supreme Court, as a general rule, are related to drugs not foreseen in the SUS clinical protocols and in the RENAME drug lists, without ANVISA registration, imported and experimental, having as a basic assumption medical prescription, causing budgetary impact and disorganization in the federative units. The work explores a qualitative methodology, of the exploratory type, through data collection. This thesis is consolidated in defending the supra-stability status of the right to health as it is inseparable from the right to life and the constitutional principle of human dignity, given that health has the character of fundamental rights that make up the existential minimum.ptDireito social a saúdeDignidade da pessoa humanaMínimo existencialReserva do possível