SOLIDARIEDADE DOS ENTES FEDERATIVOS

LACUNAS DO TEMA 793

Abstract

In the setting of Theme 793 of the Federal Supreme Court, some points were not addressed or were developed in a generic way, leaving gaps in points such as the definition of responsibility and compensation between the entities. The objective of the article is to investigate which criteria were indicated so that magistrates can determine the responsibilities of federative entities regarding health demands related to pharmacological assistance, considering the SUS and RENAME. The hypothetical-deductive method was adopted, in which the hypothesis is that it will be necessary to use interpretative completeness based on criteria established by Law No. 8.080/1990 and in RENAME, in order to avoid the mistaken liability of a federative entity in health demands. The methodological approaches were developed from the research of jurisprudence, doctrine and contemporary scientific texts. The results confirmed the hypothesis, as it was proven that the binding precedent has gaps regarding the accountability of federative entities in health matters. The conclusions indicate that, while the aforementioned judgment is in force, the magistrates should rely on existing criteria to determine the entity's responsibility, until this is modified or improved in a new judgment or there is a legal change that answers the question.