Decisão Monocrática N° 07182881720228070000 do Tribunal de Justiça do Distrito Federal e dos Territórios, 21-06-2022
Juiz | GETÚLIO DE MORAES OLIVEIRA |
Número do processo | 07182881720228070000 |
Data | 21 Junho 2022 |
Órgão | 7ª Turma Cível |
Vistos, etc. Cuida-se de Agravo de Instrumento, tirado de r. decisão que, em ação cominatória ajuizada contra o Distrito Federal, indeferiu a tutela de urgência requerida, visando o fornecimento de medicamento não previsto no protocolo do SUS. Afirma a Autora/Agravante que sofre de dor crônica neuropatica severa, clinicamente inevitável, sequela neurológica, espondilose disco, artrose lombar e síndrome pós eminectomia, além de depressão severa por dor, necessitando de uso contínuo do medicamento MEVATYL SOLUÇÃO SPRAY. Afirma impossibilidade de substituição pelos medicamentos previstos nas listas oficiais do SUS e que estão presentes a verossimilhança das alegações e a urgência da medida. Requer, assim, a concessão de liminar e, no mérito, o provimento do agravo para reformar a r. decisão agravada e deferir a tutela requerida. É a suma do necessário. O eg. Superior Tribunal de Justiça, no julgamento do Recurso Especial nº 1.657.156/RJ, submetido ao rito dos recursos repetitivos, entendeu pela possibilidade do fornecimento pelo poder público de medicamentos não constantes dos atos normativos do Sistema Único de Saúde, em caráter excepcional, desde que observada a presença cumulativa de três requisitos: (i) comprovação, por meio de laudo médico fundamentado e circunstanciado expedido por médico que assiste o paciente, da imprescindibilidade ou necessidade do medicamento, assim como da ineficácia, para o tratamento da...
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