Abstract
Objective: Reflection about the epidemic of HIV/AIDS, with focus on its judicialization through Judgments analyses of the Justice Court of Minas Gerais (TJMG), doctrinal and legislative studies, alluding historical marks, juridical and obstacles that influenced on the construction in health’s right and the hindrance that affect their judicialization. Methods: This work is characterized as an exploratory and descriptive study. The judicial information was collected in Judgments on TJMG website, published between January/1/2000 and December/30/2019, using as search criteria the terms “HIV” and “AIDS”. Results: 57 Judgments of TJMG were found and analyzed, perceiving the search for pharmaceutical assistance and medical treatment, followed by civil actions for compensation for moral damage and granting social security or assistance benefit, respectively, occupy the largest number of cases of health's judicialization. Conclusion: It’s concluded that the constriction of the health’s right occurred in the middle of the HIV/AIDS epidemic. Being that the neglect of maintenance and costing measurements of the Brazilian health system, associated with the epidemic development, resulted in frequent judicialization of this system.