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It is a study describing the structure for the inclusion of drugs in the lists of essential medications in Brazilian Health-care System, considered by the WHO as a global strategy in promoting public health around the world. A qualitative and exploratory research, employing bibliographic, documental, legislative and jurisprudential review. Internaly, the constitutional provision about the right to health, ordinary legislation and the role of technical discretion involving these issues. Also, claims the relevance of the administrative apparatus, the decisions based on rationality and scientific evidence dealing with health public policy, with relevant effects on judicial decisions over health litigation.

INTRODUZINDO NOVAS DROGAS NO BRASIL: DAS RECOMENDAÇÕES DA ORGANIZAÇÃO MUNDIAL DA SAÚDE À CONCRETIZAÇÃO INTERNA