No, it is not OK to use it. The JUnit assert methods throw an AssertionError. It's not a good idea to throw Error in production code. From the javadoc:
An Error is a subclass of Throwable that indicates serious problems that a reasonable application should not try to catch. Most such errors are abnormal conditions. The ThreadDeath error, though a "normal" condition, is also a subclass of Error because most applications should not try to catch it. A method is not required to declare in its throws clause any subclasses of Error that might be thrown during the execution of the method but not caught, since these errors are abnormal conditions that should never occur. That is, Error and its subclasses are regarded as unchecked exceptions for the purposes of compile-time checking of exceptions.