Decision is from the 1st Special Federal Court of the Judicial Subsection of Belo Horizonte
The federative entities argued that the author had health insurance and had not proven that the medicine was essential for his health. However, the judge was based on a precedent from the Federal Supreme Court (STF), highlighting that human dignity, a constitutional principle, was at stake. The trial took place on May 17, with the possibility of appeal.
Initially, the request was made to the state court, which included the Union in the process. After the State of Minas Gerais appealed, the case was transferred to the Federal Court. The Union alleged the absence of robust evidence and invoked the Principle of Reserve of the Possible, arguing that public resources are limited. Despite this, the judge supported his decision based on understandings from higher courts.
The judge found that the author has a net income lower than the minimum wage and pays R$64.56 in co-participation in the health plan. He lives in a house without electricity on the outskirts of Belo Horizonte. The expert confirmed that he depends on medication recommended by the SUS to avoid physical, social and psychological disorders related to his gender condition. Furthermore, he had allergic reactions to other medications available through the SUS, as proven by the Minas Gerais Public Defender’s Office (DPMG).
By Ezatamentchy
Source: Maxima
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