THE PROTECTION OF THE HEALTH OF THE CHILD WHO SUFFERS FROM AME DISEASE IN THE LIGHT OF THE STJ

Abstract

This article examines the protection of the health of children with Spinal Muscular Atrophy (SMA) from the perspective of the decisions of the Superior Court of Justice (STJ). The study seeks to understand how the STJ approaches the protection of the health of these children, analyzing its judicial decisions and positions in related cases. The research highlights the importance of the right to health, enshrined in the Federal Constitution of 1988, and how this right is guaranteed to children. It also explores the judicialization of health and the challenges associated with access to high-cost medications, often necessary for the treatment of SMA. Using the case study methodology, the article investigates specific decisions of the STJ to illustrate the practical application of the right to health and judicial intervention. The structure of the work is divided into four chapters: the first deals with the right to health and its protection for children; the second addresses the judicialization of health and high-cost medicines; the third analyzes in detail the decisions of the STJ; and the fourth presents the final considerations, discussing the implications of these decisions and suggesting possible improvements for the protection of children's health. This study contributes to a better understanding of the complexities of health judicialization and provides valuable insights for legal practitioners, policymakers, and researchers.