Access to medicines: controversial questions through the perspective of interpretation, application of law and the judicial participation

Abstract

Judicial claims which involves gratuitous supply of medicine are multiplying and the Judiciary has been deciding it through the analysis of certain criterions, that became from the theses exposed at court and has been used naturally, adjudging for or against the claims that requires the access to medicine with no costs. This article, considering the theories about the judicial participation and the interpretation and applicability of law, is going to analyze the mainly controversial questions that have been exposed at the home benches, in order to contribute for the debate about the theme that exists nowadays.