Responsabilidade solidária dos entes federativos no direito à saúde: análise do fornecimento de medicamentos não incorporados ao SUS à luz do Tema 1234 do STF

Abstract

This study aims to analyze the joint responsibility of federative entities in the judicial provision of medicines not incorporated into the Brazilian Unified Health System, in light of Theme 1234 of the Brazilian Federal Supreme Court. To this end, it examines the development of the right to health, the organization of the Unified Health System, the common competence of federative entities, and the understanding established under Theme 793. The research was conducted through bibliographic, legislative, and jurisprudential review, focusing on Supreme Court precedents on the subject. The study found that Theme 1234 did not eliminate joint responsibility, but reorganized its application by establishing more objective criteria regarding passive legitimacy, jurisdictional competence, funding, and reimbursement among public entities. It concludes that the new precedent seeks to reconcile the effectiveness of the fundamental right to health with the administrative and financial rationality of the Unified Health System, preserving citizen protection without disregarding the limits of the federative pact.