Abstract:
The purpose of this paper is to answer the following question: Do the criteria adopted by the Judiciary in order to solve the demands related to the supply of medicine in the health system seek to limit access to justice? To do so, it will be made an analysis of the health system and its evolution regarding the pharmaceutical assistance, as well as the question of the judicialization of health that can be considered a means employed for the acquisition of medicines via judicial. Using as a source legislation, bibliographies and jurisprudence on the case, it was possible to verify the ineffectiveness of actions aimed at promoting health in the area of pharmaceutical assistance, besides the administrative failure to resolve such issues, being passed on to the Judiciary the duty to decide on the granting or not of certain medicinal products and to impose certain criteria which must be observed in order to ensure fairness and greater legal certainty of the decisions issued.
