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http://ssrn.com/abstract=1133620
 
 

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Claiming the Right to Health in Brazilian Courts: The Exclusion of the Already Excluded


Virgilio Afonso da Silva


University of Sao Paulo

Fernanda Vargas Terrazas


University of Sao Paulo - Faculdade de Direito


Law and Social Inquiry, Forthcoming

Abstract:     
The aim of this article is to test a widespread belief among Brazilian legal scholars in the area of social rights, namely, the claim that courts are an alternative institutional voice for the poor, who are usually marginalized from the political process. According to this belief, social rights litigation would be a means (supposedly “a better means”) of realizing rights such as the right to healthcare, since supposedly both the wealthy and the poor have equal access to the courts. To probe the consistency of this belief, we analyzed the socioeconomic profile of plaintiffs in the city of Sao Paulo (Brazil) who were granted access to specific medication or medical treatment by judicial decisions. In this study, the justiciability of social rights has not proven to be a means of rendering certain public services more democratic and accessible.

Number of Pages in PDF File: 16

Keywords: social rights, right to health, courts

JEL Classification: K00, K10, K30

working papers series





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Date posted: May 16, 2008 ; Last revised: November 6, 2010

Suggested Citation

Afonso da Silva, Virgilio and Terrazas, Fernanda Vargas, Claiming the Right to Health in Brazilian Courts: The Exclusion of the Already Excluded. Law and Social Inquiry, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1133620 or http://dx.doi.org/10.2139/ssrn.1133620

Contact Information

Virgilio Afonso da Silva (Contact Author)
University of Sao Paulo ( email )
Largo Sao Francisco, 95
Sao Paulo, SP 05436-130
Brazil
+55 11 3111-4010 (Phone)
+55 11 3111-4098 (Fax)
HOME PAGE: http://www.direito.usp.br/afonso
Fernanda Vargas Terrazas
University of Sao Paulo - Faculdade de Direito ( email )
Largo São Francisco, 95 Prédio Anexo
São Paulo, São Paulo 01005-010
Brazil
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