O DIREITO FUNDAMENTAL À SAÚDE E O ACESSO À CANNABIS MEDICINAL PELO SUS COMO VETOR DE DEMOCRATIZAÇÃO

Abstract

This work investigates the fundamental right to health in Brazil, focusing on access to medicinal cannabis through the Unified Health System (SUS). The research problem centers on the following question: how can free access to medicinal cannabis be implemented as a means of realizing the right to health in Brazil? The general objectives include describing the State's responsibility and the role of SUS in promoting access to this innovative treatment, while the specific objectives aim to conceptualize the right to health, describe the regulation of medicinal cannabis use, and analyze the State's responsibility in the judicialization of health.

The research was based on a comprehensive literature review, utilizing primary and secondary sources collected from databases such as Google Scholar and SciELO, covering the period from 2000 to 2025. The adopted methodology was inductive, allowing for the analysis of legislation, judicial decisions, and previous studies, which contributed to understanding the economic and regulatory barriers that limit access to medicinal cannabis. The critical analysis of the judicialization of health and the role of the Judiciary in ensuring access to non-standardized medications were central aspects in building an understanding of the topic. The results highlight the urgent need for public policies that ensure equity in access to innovative treatments, promoting social well-being and human dignity.