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Jurisprudence Research Review - PRECEDENT OF JUDGEMENTS OF THE SUPERIOR COURT OF JUSTICE - A STUDY OF CONSTRAINING AUTHORITY IN HEALTH JUDICIALIZATION WRITEN IN THE STATE OF RONDONIA
(2013)
  • Claudia Ribeiro Pereira Nunes
Abstract

Judication is the legal phenomenon whereby the judiciary receives a significant number of cases that should be resolved in the course of legislative proceedings, or administrative procedures conducted by the Legislature or Executive branches, respectively. This happens due to the lack of required actions to achieve these targets by means of social public policies. Access on the subject of health occurs both in Rondonia and in the rest of Brazil, which provides the justification for this work. The aim of this jurisprudence is to analyze and understand the perception judged by the STJ as to the indication of the Secretary of Health for the State of Rondonia and its responsibilities as constraining authority. Special aims were: (i) rendered by the Superior Court of Justice in 2013, on the topic, and (ii) to study the pertinence of this subjective passive polarity in lawsuits filed before the Judiciary, particularly for obtaining medicines and hospitalizations in the State of Rondonia. The methodology undertaken has two approaches: (i) theoretical and (ii) exploratory trial. The spatial area is the platform consulted by STJ referring to the year 2013.

Keywords
  • Human Rights of Health,
  • Judication,
  • Constraining authority.
Publication Date
December, 2013
Comments
The Journal AREL FAAR - AMAZON'S RESEARCH AND ENVIRONMENTAL LAW online is a quarterly publication of IESUR / FAAR - Community College of RondĂ´nia whose mission is to disseminate studies and unpublished research conducted in the area of law, with a focus on "Society, Business and Sustainability" and "Human Rights and its Dimensions," which are the two lines of research at the Center for Scientific Research in Law - NUPES / IESUR / FAAR - formally constituted, after being approved by the CONSEP IESUR / FAAR in 2012.
Citation Information
Claudia Ribeiro Pereira Nunes. "Jurisprudence Research Review - PRECEDENT OF JUDGEMENTS OF THE SUPERIOR COURT OF JUSTICE - A STUDY OF CONSTRAINING AUTHORITY IN HEALTH JUDICIALIZATION WRITEN IN THE STATE OF RONDONIA" (2013)
Available at: http://works.bepress.com/claudia_nunes/10/