In a single judge decision in REsp 2,025,919, Minister Marco Aurélio Bellizze understood that the health plan must provide imported medication without registration with Anvisa, but with authorization from that agency.
The specific case refers to a request for the supply by the health plan of a cannabidiol-based medication with import authorized by Anvisa, which request was refused by the plan on the grounds that the medication was imported and had no registration and that it was not obliged to supply the medication, based on the thesis established by the STJ in the judgment of Repetitive Theme 990.
According to the minister, the understanding of the Third Panel of the STJ is that ANVISA’s authorization for the exceptional importation of medicines with a medical prescription, despite not replacing registration, provides safety and presupposes the effectiveness of the drug, and its coverage is mandatory.
