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

Authors

  • Ricardo Perlingeiro Universidade Federal Fluminense

DOI:

https://doi.org/10.5380/rinc.v1i1.40246

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.

Author Biography

Ricardo Perlingeiro, Universidade Federal Fluminense

Full Professor at the Law School of Fluminense Federal University (UFF – Rio de Janeiro-RJ) and coordinator of the Judiciary Sciences Centre at UFF (Nupej/UFF). Doctorate in Law – University Gama Filho (UGF). Coordinator of the Executive Committee of the National Council of Justice for the monitoring and settlement of healthcare assistance claims in the State of Rio de Janeiro. Member of the Brazilian Institute of Procedural Law. Member of Ibero-American Institute of Procedural Law. Member of the International Association of Procedural Law. Federal judge of the Judiciary Section of Rio de Janeiro. E-mail: r.perlingeiro@terra.com.br

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How to Cite

PERLINGEIRO, Ricardo. Recognizing the public right to healthcare: the approach of Brazilian courts. Revista de Investigações Constitucionais, [S. l.], v. 1, n. 1, p. 19–37, 2014. DOI: 10.5380/rinc.v1i1.40246. Disponível em: https://revistas.ufpr.br/rinc/article/view/40246. Acesso em: 25 dec. 2025.

Issue

Vol. 1 No. 1 (2014): January/April

Section

Original articles

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