The Supreme Court to the rescue: considerations on the judicial reasoning in the case of high-cost medication

Abstract

During the year 2018, the Supreme Court consolidated an important change in the jurisprudence of high-cost medication when the life of a patient is at risk. With the right to life as the starting point, it’s upheld that the patients have the right to receive the medication they need to survive at that moment, no matter the cost. This work aims to analyze Supreme Court jurisprudence changes and their consequences in the structure of the protection remedy of constitutional rights.