Tutela de urgência na concessão de medicamentos

As a fundamental right, health demands promptness and immediate action, especially in cases that require swift and effective solutions. In this context, when an individual’s health requires urgent judicial intervention, provisional urgent protection is necessary, as it is considered the most appropriate legal mechanism for such cases, widely recognized by legal scholars and jurisprudence. The objective of this study was to analyze the effectiveness of urgent legal protection in the judicialization of health-related issues. The research was primarily conducted through a bibliographical review, including books, legal doctrines, scientific articles, dissertations, legislation, and case law. Data collection was carried out in databases such as Google Scholar and Scielo, between March and April 2025, focusing on scientific works that discussed the topic. The results demonstrate that urgent legal protection, particularly in the form of anticipatory protection, is increasingly effective in the judicialization of health, especially in cases involving the provision of medication or medical treatments. Considering that delays may lead to the worsening of patients' health conditions or even pose a risk of death, this urgency is justified due to the impossibilityof waiting for the full process to unfold.