The article discusses the law nº13.146 / 2015 called Statute of person with disabilities. The theoretical reference is the work of Robert Alexy. The problem studied was the analysis of the right to equality and guarantees of fundamental rights by the Statute under the access to health. The study was conducted by the deductive method, through bibliographical study. It was noted that the legislation is an important tool, but a change on the design of the special needs of each is needed, the barriers to overcome the physical and the discrimination ones.