The Brazilian Supreme Court and the obligation to deliver costly medicines – trying to strike an adequate balance

The counter-majoritarian appeal of rights is not new; the growing importance of rights in the constitutional scenario is not to be separated from relevant shifts and new balances between State branches, especially leading to stronger Courts.
A sensitive example makes this circumstance tangible; escalating judicial demands for medicine delivery grounded on the broad right to health challenges the relation between Courts and the Administration, menaces public budget decisions, and general policy enforcement.
The paper proposes to look to this wide question departing from an analysis of the recent decisions taken by the Brazilian Supreme Court regarding State duty to deliver costly medicines. Midst of a sea of generous judicial decisions in favor of individual demands, the Court started pointing the path of deference towards political decisions taken either by the Legislative and by Administration