Direito constitucional: uma percepção da efetividade na aplicação dos tema 793 e 1234 do STF na garantia do direito saúde

Abstract

This study examines the provision of high-cost medications through judicial intervention, using Supreme Court rulings 1234 and 793 as a reference. It seeks to evaluate the extent to which these rulings are useful to contemporary society and contribute to promoting equity in public health. Furthermore, the study reflects on how these rulings are presented by judges during their judgments, analyzing not only their substantive form but also the criteria used for granting them and the effectiveness of their application. The research was developed through a review of doctrinal, jurisprudential, and scientific literature. It concludes that, although rulings 793 and 1234 represent significant advances in the systematization of medication provision, their full effectiveness still depends on overcoming budgetary obstacles and strengthening the institutions responsible for ensuring access to justice, so that the fundamental right to health is realized in a fair and sustainable manner.