Recognizing the public right to healthcare: the approach of Brazilian courts

Abstract This paper considers aspects of the judicialization of health care policy in Brazil. It discusses the issue in the context of the separation of the powers of government, judicial protection of the public right to healthcare, the so-called “technical administrative discretionary prerogatives,” and finally, the need for a budget to provide for the efficacy of court decisions. To further the analysis of Brazil’s treatment of the judicialization of politics this paper also compares Brazil’s experience with the experience of other countries witnessing the same phenomenon.

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Bibliographic Details
Main Author: PERLINGEIRO,RICARDO
Format: Digital revista
Language:English
Published: Universidade Federal do Paraná 2014
Online Access:http://old.scielo.br/scielo.php?script=sci_arttext&pid=S2359-56392014000100019
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