This dissertation aims analyze the role of the Judiciary in the politicization of life, or
biopolitics, more precisely in guarantee the right to health. Through the conceptual
and principiological contributions of bioethics and human rights, the phenomenon of
the judicialization of politics is seen as a way to guarantee social rights, above all, the
right to health is inseparable from the right to life and the dignity of the human
person. Thus, it seeks to observe this phenomenon in the Brazilian reality, especially
in the state of Tocantins, also proposing discussions about access to health through
organ and tissue transplants. Therefore, the methodological approach is based on a
deductive approach, historical-comparative procedures and a case study, and the
mostly used research technique is qualitative, with literary reviews and documentary
analysis. It seeks to demonstrate in its results the positive and negative points of the
interference of the judicial policy in the health area, evidencing its importance in
protection of the life and dignity of the human person, but due to the need to equalize
its actions with the entities and institutions policies.
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