JUDICIALIZATION FOR SUPPLY OF THE DRUG TACROLIMUS TO PATIENTS WITH LUPUS BY THE BRAZILIAN STATE

The aim of this article is to analyze the (un)necessity of judicializing the supply of the drug Tacrolimus to patients with Lupus, who have the constitution alright to full health, just like any other citizen. Medical studies indicate the use of Tacrolimus in cases where conventional treatments are no longer effective, especially when Lupus causes kidney impairment. Despite its proven efficacy and the drug's registration with the National Health Surveillance Agency (ANVISA), Tacrolimus is not standardized by the Unified Health System (SUS) for the treatment of the disease, constituting an obstacle to access. This scenario forces patients to go to court to obtain the drug, which can delay the start of treatment, worsening the clinical condition and leading, in some cases, to the loss of kidney function. The 1988 Federal Constitution guarantees the right to life as the primary basis for the exercise of all other rights. Therefore, it is argued that the supply of Tacrolimus should be guaranteed immediately by the State, eliminating the need for legal action, especially for patients with kidney complications associated with Lupus, thus ensuring the right to life in its entirety.