TCC de Graduação e Especialização
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Navegando TCC de Graduação e Especialização por Autor "Barreto, Rodrigo"
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Monografia Acesso aberto Hipossuficiência financeira como requisito necessário para o recebimento de medicamentos não padronizados pelo estado(2017) Faustino, Amanda TascaThe social right to healthcare, established by the Federal Constitution of 1988 as a fundamental right of great relevance, covers the receiving of medicines, which consists of a natural unfolding of its interpretation, based on the universality. Given its unquestionable importance, there is an extra difficulty to implement, notably due to budgetary constraints, which results in increasing legal demands for judicial intervention for the realization of the law. Thus, the goal of the current research is to analyze, into the current scenario, whether the inclusion of the financial hyposufficiency element, as a necessary requirement for the receiving of not standardized by the State medicines guarantees not only a fair but also a reasonable decision, equating the problems, in the face of limitations found for the implementation of the right to healthcare. For this reason, a bibliographical research has been carried out with a qualitative approach, using the exploratory level, taking into consideration that, for the explanation of the problematic the theoretical bases presented in doctrines, legislation, scientific articles and jurisprudence will be used. At the end of the research, it has observed that the discussions on the subject reveal a great deal of divergence, with no established parameters with criteria for the use of the hypo sufficiency element and forms for its proper proof. It has been concluded, with the carried out study, that the weighting of the financial hypo sufficiency element is a prerequisite for the emergence of the State obligation to pay for medicines and treatments which are not included in the standardized lists. This restriction in the interpretation of the efficacy and applicability of the right to healthcare is needed so that, given the current conditions, it is possible for the State to fulfill this constitutional promise, since it is the only way of equating the budgetary constraints found, a modern view of the process, which guarantees not only a fair but also a reasonable decision.