The purpose of this dissertation is to analyze the efficacy of the judicial decisions pronounced
in the comarca of the city Palmas/TO, they seek to garantee the access public health. The
quantitative-qualitative method showed to the more adequate to the intending objetive, that is,
the executive measure more efficacius for to garante the execution of the judicial decision that
effective the constitutional right to health. The data collection was done through the analysis
of judicial processes in course in the First Judicial Area of the Treasury and Public Registers
of the City Palmas, whose decisions were granted of form anticipate or in-depth examination
and which occurred between January 1, 2016 and November 20, 2017, always through the
database of the State Court of Tocantins (E-proc). Were excluded from the analysis the cases
in which the pleadings had been reject, collective demands, as well as the processes that be in
course or process that was in curso in secrecy of justice, being limited to the facts open to the
public consultation. In addition to the result obtained with the application of the data
collection instrument, a varied bibliographic material which occurred through consultations
on books, scientific articles, legislation, judgments of High Courts and websites. The results
indicate that, for each provision sought, either by access to a medicinal product or by surgical
procedure, hospitalizations or other forms of intervention , there is a more appropriate
executive measure, being coercive or subrogation. Always striving for proportionality
between constitutional law, but above all, on the effectiveness of a decent health right.
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