Constitutional guarantees generate negative externalities for the brazilian health system
Objective: we aimed toknowthelegal demandson healthand the arguments made by the patient, the defense, and the judge in judicial hearings. Methods: For this,we used themethodofcase lawresearch. The research unit was Brazilian judicial processeswith thematerial objectof healthdemands,decided between...
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| Format: | Article |
| Language: | English |
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Oswaldo Cruz Foundation, Health Law Program
2017-06-01
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| Series: | Cadernos Ibero-Americanos de Direito Sanitário |
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| Online Access: | https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/388 |
| Summary: | Objective: we aimed toknowthelegal demandson healthand the arguments made by the patient, the defense, and the judge in judicial hearings. Methods: For this,we used themethodofcase lawresearch. The research unit was Brazilian judicial processeswith thematerial objectof healthdemands,decided between2012 and 2013.Results: The results showed reliance onconstitutionalargumentsfor both the requestandthe decision,while thedefensewas based ondiverse andobsoletelegal points. Conclusión: it was concluded thatjudges havedecidedquestions about healthusingpurelylegal argumentsand reproducing points made bythe patient.The defenseof the Brazilian healthsystemis fragiledue to the lack of an adequate legal rationale.
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| ISSN: | 2317-8396 2358-1824 |