GOVERNMENT’S OBLIGATION TO SUPPLY DRUGS IS UNDER DISCUSSION

On 3 May 2017, the Superior Court of Justice (STJ) rendered a decision on Special Appeal No. 1,657,156/RJ, within the system of multiple appeals, suspending all trial courts’ ongoing cases that concern the obligation of the Federal Government, State and Municipality to supply drugs that are not included on a specific list provided by the Public Health System (SUS).

The suspension will not affect cases in which drugs have been supplied by the SUS as a result of preliminary injunctions, until the STJ renders a final decision on the special appeal that will be applied by other judges when deciding cases relating to the same matter.

The judgment of the appeal has become a national debate, in which the STJ may allow any interested individuals and legal entities to contribute to the discussion. A deadline for comments has not been set yet and the date for the final judgment on the matter has also not yet been designated.

Source: STJ Report: “On remedies not contemplated by the SUS: judge should analyse urgent requests”, 24 May 2017 (Portuguese language).

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