Law 14,874/24, the judicialization of health, and the General Repercussion Topics 6, 500, and 1234 on the supply of non-incorporated drugs in Brazil: a view from the Public Defender's Office

Abstract

Law 14,874/2024 was the first law in the strict sense to specifically address ethics in research with human beings in the country, a topic in which pharmacological research stands out. It came in a context of strong rediscussion of the judicialization of the right to health by the Federal Supreme Court, with the judgment of Themes of General Repercussion No. 6 and 1234, motivating Binding Precedents No. 60 and 61, which have tended to modify the Judiciary's stance in relation to the granting of non-standardized drugs. Theme no. 500 also deals with the theme, regarding experimental medicines, which are closely related to research. This text seeks to analyze the changes brought about by the new legislative and judicial regulations and their consequences for the underprivileged population, served by the Federal Public Defender's Office.  For this, it uses exploratory research methodology and bibliographic theoretical review, based on legislative and jurisprudential analysis and doctrinal works pertinent to the theme. As a result, there was concern about the apparent reduction of the ethical-social control of research, while the feasibility of judicialization becomes more rigid in relation to drugs already released for consumption, and, therefore, whose safety and efficacy should already be proven, indicating new difficulties in the balance between ethical and economic aspects in the matter.