The supply of medicines not registered in Brazilian Health Regulatory Agency: The discourse of Brazilian Federal Supreme Court’s Justices

Abstract

Objective: This article presents as a general theme the results of the  analysis of arguments of Brazilian Federal Supreme Court’s Justices in lawsuits about medicines not registered in Brazilian Health Regulatory Agency. Methodology: It is constituted of a comparative case study of the Justices’ votes, in which it is pointed out the similarities and divergences in two extraordinary appeals’ judgments. Results: It was found that there were differences on the issue of the dispensation of non-standardized medications by SUS. Conclusion: The Justices considered the protection of Brazilian population health in relation to the risks by highlighting the importance of having the Brazilian Health Regulatory Agency’ registration, because that grants better reliability.