Reducing Review of Health Care Policies?

Posted: 26 Apr 2015

See all articles by Ricardo Perlingeiro

Ricardo Perlingeiro

Fluminense Federal University - Faculty of Law; Estácio de Sá University - MA and PhD Programs in Law; Birmingham City University - Faculty of Business, Law and Social Sciences

Date Written: April 25, 2015

Abstract

The author takes an unconventional approach to the question of judicial review of health care by trying to identify the path that will lead to reducing such judicial review, i.e., a reversal of the current growth trend in the number of Brazilian court cases involving the right to therapeutic assistance, which has quadrupled in the past 4 years from approximately 100,000 claims in progress in 2010 to 400,000 in 2014. Considering that the most perverse effect of judicial review of health is the resulting disruption in the universality of access to health care services, with the creation of two SUS (unified health-care systems), one of them in favour of those who file court claims and the other favouring those who do not, the text searches for solutions. The author in some cases holds the public authorities responsible should be oriented towards the supremacy of fundamental rights and not by the literal interpretation of the statutes and regulations, at in other cases encourages judicial review of health policies but only through class actions as a currently feasible alternative to fight against the repetitive claims filed with the SUS, which has not yet realised the need for guarantees of true due process of law even though such guarantees are called for by the Constitution and applicable statutes.

Keywords: Judicial review of health, public policies, health care law

JEL Classification: I18, K32, K23, K41, I11, I28, H75, H51

Suggested Citation

Perlingeiro, Ricardo, Reducing Review of Health Care Policies? (April 25, 2015). Available at SSRN: https://ssrn.com/abstract=2599018

Ricardo Perlingeiro (Contact Author)

Fluminense Federal University - Faculty of Law ( email )

Rua Presidente Pedreira, 62
Niterói, 24210-470
Brazil

Estácio de Sá University - MA and PhD Programs in Law ( email )

Avenida Presidente Vargas, 642
Rio de Janeiro, 20071-001
Brazil

Birmingham City University - Faculty of Business, Law and Social Sciences ( email )

4 Cardigan Street
Birmingham, B4 7BD
United Kingdom

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