Jurisdictional control of public health policies through the inclusion of medicines in the list of essential medicines of the Unified Health System

The supply of medicines is one of the pretensions that derive from the fundamental social right to health, and to promote this right and balance the public accounts, the State - through the Unified Health System - uses an important instrument, that is the List of Essential Medicines. The medicines lists enumerate the drugs that must meet the health priorities of the Brazilian population, and thus are part of public health policy strategies. Usually, essential medicines are not in the lists, which entails numerous judicial demands of an individual nature, many of them involving the same drug. From the objective dimension of fundamental rights, we intend to develop in this study an analysis about the possibility of carrying out judicial control of public policies through collective that mandate the State the inclusion of a specific drug in the list of essential medicines.