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. Since the enactment of the 1988 Federal Constitution in Brazil, that consolidates health as a social right, the citizens began to demand this right in court, lawfully driving the state to guarantee their health claims. And, in this sense, the number of actions that require medicines is growing exponentially in Brazil, which impact directly the public health policy, and stimulate discussions about the safety of drugs dispensed by the courts. Objective. Show how the technical and political issues, involving the social right to pharmaceutical assistance has been debated in legal proceedings whose objective is the solicitation of drugs against the State. This to be able to relate these findings to the current debates about the role of the judiciary, in view of the guaranteed of right to health and its impact on the public health policy. And, also, to the current political debates about health prescription, and its importance for the right in focus. Method. The research methodology is coated in two stages. The first step was the analysis of court cases that focused the drug demand against the State, from Four State Courts in Brazil: Sao Paulo, Minas Gerais, Rio Grande do Sul and Rio de Janeiro. The processes were analyzed through the use of qualitativequantitative methodology of collective discourse. The second step consisted in the search of scientific articles in major databases of scientific journals of public health, that were related to the following research question: How today's discussion is structured around the political health context of the medical prescription? Results. The analysis of court proceedings, results clear that the demands that involve medication in court have been deferred by the judges, primarily, based on the individual medical prescriptions, and based on the “pure” reading of the legal system, without considering the technical and political dimensions that involve the right to pharmaceutical assistance. The analysis of scientific articles shows us the extensive technical discussion about the prescription and its health implications, and highlights the need to contradict these documents, and invest in education and medical information, towards the safety of patients-citizens. Conclusion. The right to health is a complex right, which requires for its adequate protection and security, that we move beyond the positivist paradigm, with its exclusively normative reading and dogmatic rules, towards a new paradigm which allows greater penetration of issues and political and technical knowledge within the law. Both judicial and extrajudicial ways need to be created to protect health, involving all legal, politicians and technicians professionals involved in the matter, toward interdisciplinary construction of the right to health and health citizenship in Brazil.

O direito ao acesso universal a medicamentos no Brasil: diálogos entre o direito , a política e a técnica médica