A judicializa??o das políticas públicas e o direito subjetivo individual à saúde, à luz da Teoria da Justi?a Distributiva de John Rawls

摘要

The article presents a critical analysis on the issue of legalization of public policies that deal with the right to health. For this, the literature review in order to demonstrate the doctrinal trends of the possibilities for enjoyment of such rights will be made, as well as a critical analysis of precedents of the Supreme Court of the last 05 years on the issue of legalization of this fundamental right will be. At the end, it will be shown that the right to health generates the citizen’s subjective right of audience immediately, the cost of medical treatment, as well as providing certain drug, according to the Theory of Distributive Justice by John Rawls.