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The judicialization of health is a complex and controversial issue. This article analyzes the growth of the phenomenon, listing the main arguments against and in favor of the participation of the Judiciary in the realization of this social right through public policies. It aims to identify, through documentary and bibliographic research, the requirements for a legitimate intervention by the courts. The hypothesis, confirmed by the results and conclusions, is that the Judiciary can and must protect this constitutionally guaranteed social right, in order to secure the “existential minimum”, considering the reasonableness of the petition and the financial availability of the State, especially when it occurs omission of other powers.

Judicialização de políticas públicas de saúde: legitimidade e limites