Direito à proteçao da saúde pela via judicial: em busca de efetividade e equidade
The present article analyses ways of realizing the fundamental right to protection of health that are oriented by equity. The discriminatory potential of judicial intervention has been very thematized, in the sense that is favors a small group that has triggered the judiciary for protection, to the...
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| Format: | Article |
| Language: | Portuguese |
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Editora Unesp
2011
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3807655 |
| Source: | Revista de Estudos Jurídicos UNESP, ISSN 1414-3097, Vol. 15, Nº. 22, 2011, pags. 237-264 |
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| Summary: |
The present article analyses ways of realizing the fundamental right to protection of
health that are oriented by equity. The discriminatory potential of judicial intervention has been very
thematized, in the sense that is favors a small group that has triggered the judiciary for protection, to
the detrimento of the rest of the population. It is assumed, in the other hand, that major flaws in the
regulation of health and management issues, manifested by deficiences in the implementation of
existing policies, require that courts continue to play a role in ensuring the right to protection of
health. Accordingly, qe intend to mediate on the advantages of institutional dialogue that promotes,
along with the protection of social rights, democratic delieration, as an alternative weighted in favor
of the balance between the effectiveness of constitutional provisions, the proper performance of
judicial function and the political process in the area of social rights. |
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