O DIREITO FUNDAMENTAL À ALIMENTAÇÃO NOS TRIBUNAIS
The legalization of public health policies has been addressing an increasingly comprehensive list of lawsuits and services, particularly in the realm of Human Right to Food. In view of this context, this research study aimed to examine and analyze lawsuits over the Human Right to Food filed in court...
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| Format: | Article |
| Language: | English |
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Universidade do Estado do Rio de Janeiro
2014-07-01
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| Series: | Demetra |
| Subjects: | |
| Online Access: | https://www.e-publicacoes.uerj.br/index.php/demetra/article/view/10213 |
| _version_ | 1811188004624007168 |
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| author | Maria Célia Delduque Alessandra Barreto da Silva |
| author_facet | Maria Célia Delduque Alessandra Barreto da Silva |
| author_sort | Maria Célia Delduque |
| collection | DOAJ |
| description | The legalization of public health policies has been addressing an increasingly comprehensive list of lawsuits and services, particularly in the realm of Human Right to Food. In view of this context, this research study aimed to examine and analyze lawsuits over the Human Right to Food filed in courts of five Brazilian regions. The research used primary data collected from copies of court proceedings. The period of analysis ranged between 2005 and 2008. The objective was to gather information on lawsuits resolved through transit in rem judicatam in a court of first instance. There were 62 requests for special dietary supplements, with particularly more cases in the southeastern region of the country. The plaintiffs were mostly children with different pathologies declared in the records, and no collective lawsuits were found in the sample. The study showed no evidence of prescriptions given by professional nutritionists or expert examinations requested by the judges. There were judgments made solely upon medical prescriptions. From the total court decisions analyzed, 91.77% of the decisions were favorable to the plaintiff and 8.33% of the decisions were unfavorable to the complaint. It was concluded that there is a strong growth trend of lawsuits on the issue of right to food because it is guaranteed by the Constitution.
DOI: http://dx.doi.org/10.12957/demetra.2014.10213 |
| first_indexed | 2024-04-11T14:12:13Z |
| format | Article |
| id | doaj.art-1bdcac56635746d0bc93b0bded1368a4 |
| institution | Directory Open Access Journal |
| issn | 2238-913X |
| language | English |
| last_indexed | 2024-04-11T14:12:13Z |
| publishDate | 2014-07-01 |
| publisher | Universidade do Estado do Rio de Janeiro |
| record_format | Article |
| series | Demetra |
| spelling | doaj.art-1bdcac56635746d0bc93b0bded1368a42022-12-22T04:19:39ZengUniversidade do Estado do Rio de JaneiroDemetra2238-913X2014-07-019039340810.12957/demetra.2014.102137063O DIREITO FUNDAMENTAL À ALIMENTAÇÃO NOS TRIBUNAISMaria Célia Delduque0Alessandra Barreto da Silva1Fundação Oswaldo Cruz BrasiliaUniversidade de BrasíliaThe legalization of public health policies has been addressing an increasingly comprehensive list of lawsuits and services, particularly in the realm of Human Right to Food. In view of this context, this research study aimed to examine and analyze lawsuits over the Human Right to Food filed in courts of five Brazilian regions. The research used primary data collected from copies of court proceedings. The period of analysis ranged between 2005 and 2008. The objective was to gather information on lawsuits resolved through transit in rem judicatam in a court of first instance. There were 62 requests for special dietary supplements, with particularly more cases in the southeastern region of the country. The plaintiffs were mostly children with different pathologies declared in the records, and no collective lawsuits were found in the sample. The study showed no evidence of prescriptions given by professional nutritionists or expert examinations requested by the judges. There were judgments made solely upon medical prescriptions. From the total court decisions analyzed, 91.77% of the decisions were favorable to the plaintiff and 8.33% of the decisions were unfavorable to the complaint. It was concluded that there is a strong growth trend of lawsuits on the issue of right to food because it is guaranteed by the Constitution. DOI: http://dx.doi.org/10.12957/demetra.2014.10213https://www.e-publicacoes.uerj.br/index.php/demetra/article/view/10213decisão judicialsuplementação alimentaldireito à saúde |
| spellingShingle | Maria Célia Delduque Alessandra Barreto da Silva O DIREITO FUNDAMENTAL À ALIMENTAÇÃO NOS TRIBUNAIS Demetra decisão judicial suplementação alimental direito à saúde |
| title | O DIREITO FUNDAMENTAL À ALIMENTAÇÃO NOS TRIBUNAIS |
| title_full | O DIREITO FUNDAMENTAL À ALIMENTAÇÃO NOS TRIBUNAIS |
| title_fullStr | O DIREITO FUNDAMENTAL À ALIMENTAÇÃO NOS TRIBUNAIS |
| title_full_unstemmed | O DIREITO FUNDAMENTAL À ALIMENTAÇÃO NOS TRIBUNAIS |
| title_short | O DIREITO FUNDAMENTAL À ALIMENTAÇÃO NOS TRIBUNAIS |
| title_sort | o direito fundamental a alimentacao nos tribunais |
| topic | decisão judicial suplementação alimental direito à saúde |
| url | https://www.e-publicacoes.uerj.br/index.php/demetra/article/view/10213 |
| work_keys_str_mv | AT mariaceliadelduque odireitofundamentalaalimentacaonostribunais AT alessandrabarretodasilva odireitofundamentalaalimentacaonostribunais |