Provision of non-incorporated medicines to the Unified Health System: A jurisprudential analysis

Abstract

The judicialization of healthcare in Brazil, particularly concerning access to medicines not incorporated into the Unified Health System (SUS), has proven to be a growing and complex phenomenon. In September 2024, the Brazilian Supreme Court (STF) delivered a highly relevant decision on Extraordinary Appeals (REs) 566.471 (Theme 6) and 1.366.243 (Theme 1.234), establishing parameters and criteria for the judicial provision of non-listed drugs. This article presents an in-depth jurisprudential analysis of these judgments, exploring the guidelines defined by the Court, the implications for SUS management, and the impact on the realization of the right to health, from the perspective of evidence-based medicine and the sustainability of the public system.