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- Title
A POSSÍVEL SUPERAÇÃO DA DISCRICIONARIEDADE NA JUDICIALIZAÇÃO DA SAÚDE SUPLEMENTAR.
- Authors
MANSUR GIBRAN, SANDRO; FERREIRA FILHO, MIGUEL
- Abstract
The purpose of this article is to analyze the way in which constitutional rules have been interpreted and applied by judges in our current legal context, specifically in the scope of supplementary health. In order to justify this study, and to deep elaborate critical comments about the subject, the following topics will be examined throughout this article: legal positivism and discretion in judicial decisions; judicialization, discretion and judicial activism within the framework of the supplementary health care system in our democratic State of law; the health care services listed in our constitution and, lastly, the possibility of overcoming activism through the hermeneutic technique. It should be emphasized that this study aims to indicate a kind of interpretation that is capable of offering broad and adequate ansawers to the the constitutional rights related to health care services. In order to elaborate an suitable conclusion to this scientific article, bibliographic research and deductive method of analysis were used.
- Publication
Revista Percurso, 2018, Vol 1, Issue 24, p84
- ISSN
1678-569X
- Publication type
Article
- DOI
10.6084/m9.figshare.6873449