Among the various segments of the population which require special attention, we have to underline the one made of people with mental disorders authors of crime. Historically on the edge of the healthcare system, these people were treated for years in the field of judiciary. The right to health is a fundamental matter when we discuss of asylum, the institutional place created for this social group. This article discusses the right to health warranty for these people, in view of the Brazilian Psychiatric Reform. We have to underline the challenges surrounding the legal-penal discourse, recognizing that, not promoting a concrete realization of the human rights of these people, still serves the asylum logic. The legal and institutional framework of the right to health in Brazil is correlated, highlighting the National Policy of Mental Health, which materializes the Psychiatric Reform, and introduces the successful experiences in Brazil in this sector, which combines with the right to health with other human rights.

Keywords: Judicial Asylum; Brazilian Psychiatric Reform; Human Rights; Right to Health; Mental Health.