From judicialization of social rights to the necessary administrative respect for court precedents: an empirical analysis of jurisprudence related to the right to health

Authors

  • Luzardo Faria

DOI:

https://doi.org/10.11606/issn.2319-0558.v2i1p341-366

Abstract

This article aims to find solutions to the problem of judicial activism and “judicialization” of fundamental social rights. With the advent of the 1988 Federal Constitution and the institution of the Welfare State paradigm, countless lawsuits with the intent to condemn the Public Administration to consummate these rights emerged. This research is based on an empirical research of precedents of the TRF4 about the cases in which fundamental social right to health was discussed and there was a request for the concession of medicines to treat chronic C hepatitis.

Downloads

Download data is not yet available.

Published

2014-12-07

Issue

Section

IMPORTANTE - ARTIGOS DE GRADUAÇÃO

How to Cite

From judicialization of social rights to the necessary administrative respect for court precedents: an empirical analysis of jurisprudence related to the right to health. (2014). Revista Digital De Direito Administrativo, 2(1), 341-366. https://doi.org/10.11606/issn.2319-0558.v2i1p341-366