O direito fundamental à saúde: os desafios e garantias constitucionais ao tratamento medicinal com canabidiol no brasil

Abstract

This study analyzed the constitutional challenges and guarantees in accessing medicinal cannabidiol treatment in Brazil, focusing on regulation and judicialization. It employed a qualitative approach, including bibliographic review and documentary analysis of ANVISA norms, Supreme Federal Court (STF) and Superior Court of Justice (STJ) decisions, and NATJUS opinions. Findings indicated that, although the 1988 Constitution enshrined health as a fundamental right, bureaucratic obstacles and unclear regulation rendered judicial measures necessary to secure medication provision. Judicialization proved effective in many instances but also revealed budgetary impacts and highlighted the need for objective criteria. The study concluded that fully realizing the right to health demands more inclusive public policies, streamlined bureaucratic requirements, and improved cannabidiol regulation to reduce reliance on litigation and broaden treatment access.