The utilization of Clinical Protocols and Therapeutic Guidelines and the rationalization of judicialization for the right to health

Authors

  • Clarice Seixas Duarte Universidade Presbiteriana Mackenzie, São Paulo/SP
  • Paulo Vitor Bérgamo Braga Universidade Presbiteriana Mackenzie, São Paulo/SP

DOI:

https://doi.org/10.11606/issn.2316-9044.v18i1p171-190

Keywords:

Clinical Protocol, Judicialization, Right to Health, Therapeutic Guidelines.

Abstract

The article analyzes the adoption of the Clinical Protocols and Therapeutic Guidelines as an objective measure to be used by the courts in cases where the purpose is to offer positive benefits in terms of realization of the right to health. Such a benchmark can assist the judge in the task of deciding the legal situation of medication supplies, guaranteeing the prevalence of rationality as outlined in the formulation of related public policies and, consequently, the use of technical-political arguments in the distribution of healthcare goods and resources. However, this is not an absolute parameter, and the content of the CPTGs may be questioned, even judicially. With this, judicial action is used as an instrument of democratization and social control among public choices, which can impact health policy itself.

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Author Biographies

  • Clarice Seixas Duarte, Universidade Presbiteriana Mackenzie, São Paulo/SP

    Holds a PhD in Philosophy and General Theory of Law from the Universidade de São Paulo. Professor in the Post-Graduation Program in Political and Economic Law at Universidade Presbiteriana Mackenzie.

  • Paulo Vitor Bérgamo Braga, Universidade Presbiteriana Mackenzie, São Paulo/SP

    Holds a Master's degree in Political and Economic Law from Universidade Presbiteriana Mackenzie. Researcher in the Research Groups "Social Law and Public Policies" and "The Social Security System", both linked to Universidade Presbiteriana Mackenzie.

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Published

2017-08-09

Issue

Vol. 18 No. 1 (2017)

Section

Jurisprudence in Perspectives/ Case Studies

License

The Revista de Direito Sanitário/ Journal of Health Law adopts the conditions of the Creative Commons Attribution 4.0 Internacional. This license allows to share - "copy and redistribute the material in any medium or format for any purpose, even commercially" and adapt - "remix, transform, and build upon the material for any purpose, even commercially." Details at: https://creativecommons.org/licenses/by/4.0/deed.en

How to Cite

Duarte, C. S., & Braga, P. V. B. (2017). The utilization of Clinical Protocols and Therapeutic Guidelines and the rationalization of judicialization for the right to health. Journal of Health Law, 18(1), 171-190. https://doi.org/10.11606/issn.2316-9044.v18i1p171-190