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Judicializacao
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Book Synopsis DECISÕES JUDICIAIS EM SAÚDE SUPLEMENTAR by : CRISTIANA FONTES MELO
Download or read book DECISÕES JUDICIAIS EM SAÚDE SUPLEMENTAR written by CRISTIANA FONTES MELO and published by Editora Thoth. This book was released on 2024-10-11 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Em "Decisões Judiciais em Saúde Suplementar: O Poder das Escolhas Normativas", a autora, Cristiana Fontes, faz mais do que apenas desvendar o complexo cenário das decisões judiciais em saúde suplementar. Ela vai além, explorando as razões subjacentes à preferência de muitos magistrados por textos normativos mais abertos, como o Código de Defesa do Consumidor, em detrimento de leis mais específicas. A obra oferece uma compreensão profunda e multidimensional da judicialização da saúde privada no Brasil. Ela fornece insights valiosos que têm aplicação prática imediata para magistrados, advogados e acadêmicos. Além disso, o livro mantém você atualizado sobre as tendências emergentes e as mudanças legislativas que estão moldando o futuro do direito da saúde no país. A autora conduz o leitor por uma análise crítica e bem fundamentada que serve como um divisor de águas no campo do direito da saúde. Se você é um magistrado, advogado, acadêmico ou simplesmente alguém interessado em compreender como a justiça opera quando o tema é saúde, esta obra é leitura obrigatória. Prepare-se para uma análise reveladora que vai além do texto da lei e penetra no cerne do sistema judiciário brasileiro, tornando-se um guia indispensável para quem deseja navegar com segurança pelas complexidades da justiça brasileira em questões de saúde suplementar.
Book Synopsis The Unwritten Brazilian Constitution by : Rubens Becak
Download or read book The Unwritten Brazilian Constitution written by Rubens Becak and published by Rowman & Littlefield. This book was released on 2020-11-09 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.
Book Synopsis Constitutional Change and Transformation in Latin America by : Richard Albert
Download or read book Constitutional Change and Transformation in Latin America written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.
Book Synopsis Health as a Human Right by : Octávio Luiz Motta Ferraz
Download or read book Health as a Human Right written by Octávio Luiz Motta Ferraz and published by Cambridge University Press. This book was released on 2020-12-17 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does human rights law work? This book engages in this heated debate through a detailed analysis of thirty years of the right to health - perhaps the most complex human right - in Brazil. Are Brazilians better off three decades after the enactment of the right to health in the 1988 Constitution? Has the flurry of litigation experienced in Brazil helped or harmed the majority of the population? This book offers an in-depth analysis of these complex and controversial questions grounded on a wealth of empirical data. The book covers the history of the recognition of health as a human right in the 1988 Constitution through the Sanitary Movement's campaign and the subsequent three decades of what Ferraz calls the politics and judicialization of health. It challenges positions of both optimists and sceptics of human rights law and will be of interest to those looking for a more nuanced analysis.
Book Synopsis Political Corruption and Organizational Crime by : Elizangela Valarini
Download or read book Political Corruption and Organizational Crime written by Elizangela Valarini and published by Springer Nature. This book was released on 2021-10-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Level of compliance - one of the most important prerequisites of good governance - varies widely across countries of the Global North and the less developed, Global South. Acts of non-compliance, such as electoral irregularities, dubious deals between private and public sectors, questionable role of the justice systems and financial scandals, though they vary greatly across countries, are an omnipresent reality of contemporary life. This volume has brought together a number of case studies of such deviant behavior in political, juridical and corporate fields, from several countries of Asia, Europe and South America, within a common framework. Instead of a moral approach based exclusively on the legality and illegality of the act, the authors of these essays dissect non-compliance analytically, taking culture and context into account. They argue that, while criminal and corrupt dealings deserve to be exposed by all means from an ethical point of view, seen from an interdisciplinary angle, one needs to probe deeper into the dynamic that leads to such non-compliance with the law in the first place.
Download or read book Competition written by Anna Olimpia and published by Editora Singular. This book was released on 2023-11-08 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of economic agents with market power, especially those operating in the digital economy and which add unprecedented dynamic and complexity to it, has sparked heated discussions among academics, professionals, and competition authorities around the world regarding the effects of their actions on the market and consumers. Unlike classic cartels – a conduct that has been treated as per se unlawful in Brazil, regardless of the production of effects under Brazilian competition law – unilateral conduct falls into a gray area, encompassing different practices with different effects on the market. In this sense, examples of unilateral conduct that may be considered anticompetitive are numerous, both under old and new labels: predatory pricing, abusive pricing, resale price maintenance, imposition of exclusivities, parity clauses, price discrimination, discrimination of commercial conditions (self-preferencing), price squeeze, refusal to deal, among others. The competition analysis of such conduct – which may occur in traditional "brick and mortar" markets as well as in digital environments involving various platforms and arrangements like blockchain – for the purpose of a decision by the authority on whether they constitute anticompetitive practices or not, involves a highly complex analysis of various factors. The analysis must consider the presence of dominant positions, real or potential detrimental effects on competition, efficiencies, justifications, economic rationale for the conduct, and, for some schools of thought, a weighing of anticompetitive effects and efficiencies. Due to the complexity, specificities, and dynamism of unilateral practices, especially in digital markets or hybrid digital platforms, there is a question of whether the instruments currently available to competition authorities are sufficient to understand and rule on such practices. In this regard, the analysis of various cases in relatively recent jurisprudence shows a pursuit for new forms of interpretation and application, and even updates, to the methodologies of analysis and of applicable legislation, in order to strike a balance between intervention to curb anticompetitive practices to the extent necessary for protecting competition, without resulting on undue interference in the involved markets or on disincentives to innovation. Historically, discussions about exclusivity clauses and resale price maintenance have been central in this type of investigation, but digital platforms are effectively changing this landscape, giving rise to discussions on new types of conduct or more sophisticated forms of implementing traditional types of conduct, which have become possible or potentially more serious through new technologies, the broad reach of platforms, the collection of massive data, and the international nature of the largest players in these markets. Notions of relevant market, theories of harm, and standards of consumer welfare or protection traditionally adopted by antitrust authorities are under study and may be revised. The heterogeneity of legal systems in different jurisdictions is another complicating factor for national authorities in the analysis of conduct practiced by companies with market power internationally. All these analyses are present in the 25 articles written for this publication by IBRAC. We have articles focused on traditional methods of analysis in traditional markets, as well as articles addressing new trends and recent discussions in digital markets and platforms. In times of pandemic and economic crisis, as expected, approaches to prices and pricing strategies are recurring themes in the works compiled here.
Download or read book O Brasil de todos nós written by and published by Editora 247 S.A.. This book was released on with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Challenges of Human Rights in Latin America by : César Landa
Download or read book Challenges of Human Rights in Latin America written by César Landa and published by Cambridge Scholars Publishing. This book was released on 2018-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America offers a democratic and constitutional process, with the goals to respect fundamental human rights and control the excess of power. Nevertheless, the weaknesses of the rule of law’s institutions does not guarantee for all citizens the protection of old and new rights. In this sense, the Inter-American Fundamental Rights Conference organized by the Inter-American Network on Fundamental Rights and Democracy (RED–IDD) is an annual meeting of professors and researchers from the different universities of Latin America, addressing topics of particular importance regarding the possibilities and challenges of the consolidation of the constitutional state in the region. This book presents the minutes of the Fourth Inter-American Fundamental Rights Conference, and explores topics such as political rights and the consolidation of democracy in Latin America; impeachment and judicial guarantees; the challenges of freedom of information: and judicial protection and due process, amongst others.
Book Synopsis Democratic Government and Constitutional Jurisdiction by : Clèmerson Merlin Clève
Download or read book Democratic Government and Constitutional Jurisdiction written by Clèmerson Merlin Clève and published by Rowman & Littlefield. This book was released on 2022-01-24 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.
Book Synopsis Beyond High Courts by : Matthew C. Ingram
Download or read book Beyond High Courts written by Matthew C. Ingram and published by University of Notre Dame Pess. This book was released on 2019-05-15 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region’s large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes those changes, and what consequences they have. The volume also pays close attention to how justice institutions function as a system, exploring institutional interactions across branches and among levels of government (subnational, national, supranational) and analyzing how they help to shape, and are shaped by, politics and law. Incorporating the institutions examined in the volume into the literature on comparative legal institutions deepens our understanding of justice systems and how their component institutions can both bolster and compromise democracy and the rule of law. Contributors: Matthew C. Ingram, Diana Kapiszewski, Azul A. Aguiar-Aguilar, Ernani Carvalho, Natália Leitão, Catalina Smulovitz, John Seth Alexander, Robert Nyenhuis, Sídia Maria Porto Lima, José Mário Wanderley Gomes Neto, Danilo Pacheco Fernandes, Louis Dantas de Andrade, Mary L. Volcansek, and Martin Shapiro.
Book Synopsis Cancer and the Politics of Care by : Linda Rae Bennett
Download or read book Cancer and the Politics of Care written by Linda Rae Bennett and published by UCL Press. This book was released on 2023-02-13 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely volume responds to the epic impacts of cancer as a global phenomenon. Through the fine-grained lens of ethnography, the contributors present new thinking on how social, economic, race, gender and other structural inequalities intersect, compound and complicate health inequalities. Cancer experiences and impacts are explored across eleven countries: Argentina, Brazil, Denmark, France, Greece, India, Indonesia, Italy, Senegal, the United Kingdom and the United States. The volume engages with specific cancers from the point of primary prevention, to screening, diagnosis, treatment (or its absence), and end-of-life care. Cancer and the Politics of Care traverses new theoretical terrain through explicitly critiquing cancer interventions, their limitations and success, the politics that drive them, and their embeddedness in local cultures and value systems. It extends prior work on cancer, by incorporating the perspectives of patients and their families, ‘at risk’ groups and communities, health professionals, cancer advocates and educators, and patient navigators. The volume advances cross-cultural understandings of care, resisting simple dichotomies between caregiving and receiving, and reveals the fraught ethics of care that must be negotiated in resource-poor settings and stratified health systems. Its diversity and innovation ensures its wide utility among those working in and studying medical anthropology, social anthropology and other fields at the intersections of social science, medicine and health equity.
Book Synopsis Critical Medical Anthropology by : Jennie Gamlin
Download or read book Critical Medical Anthropology written by Jennie Gamlin and published by UCL Press. This book was released on 2020-03-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical Medical Anthropology presents inspiring work from scholars doing and engaging with ethnographic research in or from Latin America, addressing themes that are central to contemporary Critical Medical Anthropology (CMA). This includes issues of inequality, embodiment of history, indigeneity, non-communicable diseases, gendered violence, migration, substance abuse, reproductive politics and judicialisation, as these relate to health. The collection of ethnographically informed research, including original theoretical contributions, reconsiders the broader relevance of CMA perspectives for addressing current global healthcare challenges from and of Latin America. It includes work spanning four countries in Latin America (Mexico, Brazil, Guatemala and Peru) as well as the trans-migratory contexts they connect and are defined by. By drawing on diverse social practices, it addresses challenges of central relevance to medical anthropology and global health, including reproduction and maternal health, sex work, rare and chronic diseases, the pharmaceutical industry and questions of agency, political economy, identity, ethnicity, and human rights.
Book Synopsis Health Technology Assessment, Courts and the Right to Healthcare by : Daniel Wei Liang Wang
Download or read book Health Technology Assessment, Courts and the Right to Healthcare written by Daniel Wei Liang Wang and published by Routledge. This book was released on 2021-12-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both developing and developed countries face an increasing mismatch between what patients expect to receive from healthcare and what the public healthcare systems can afford to provide. Where there has been a growing recognition of the entitlement to receive healthcare, the frustrated expectations with regards to the level of provision has led to lawsuits challenging the denial of funding for health treatments by public health systems. This book analyses the impact of courts and litigation on the way health systems set priorities and make rationing decisions. In particular, it focuses on how the judicial protection of the right to healthcare can impact the institutionalization, functioning and centrality of Health Technology Assessment (HTA) for decisions about the funding of treatment. Based on the case study of three jurisdictions – Brazil, Colombia, and England – it shows that courts can be a key driver for the institutionalization of HTA. These case studies show the paradoxes of judicial control, which can promote accountability and impair it, demand administrative competence and undermine bureaucratic capacities. The case studies offer a nuanced and evidence-informed understanding of these paradoxes in the context of health care by showing how the judicial control of priority-setting decisions in health care can be used to require and control an explicit scheme for health technology assessment, but can also limit and circumvent it. It will be essential for those researching Medical Law and Healthcare Policy, Human Rights Law, and Social Rights.
Book Synopsis Beyond the Virus by : Sabrina Germain
Download or read book Beyond the Virus written by Sabrina Germain and published by Policy Press. This book was released on 2024-03-12 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.
Book Synopsis Living and Dying in the Contemporary World by : Veena Das
Download or read book Living and Dying in the Contemporary World written by Veena Das and published by Univ of California Press. This book was released on 2015-11-17 with total page 891 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a novel approach to the contradictory impulses of violence and care, illness and healing, this book radically shifts the way we think of the interrelations of institutions and experiences in a globalizing world. Living and Dying in the Contemporary World is not just another reader in medical anthropology but a true tour de force—a deep exploration of all that makes life unbearable and yet livable through the labor of ordinary people. This book comprises forty-four chapters by scholars whose ethnographic and historical work is conducted around the globe, including South Asia, East Asia, Latin America, Africa, the Middle East, Europe, and the United States. Bringing together the work of established scholars with the vibrant voices of younger scholars, Living and Dying in the Contemporary World will appeal to anthropologists, sociologists, health scientists, scholars of religion, and all who are curious about how to relate to the rapidly changing institutions and experiences in an ever more connected world.
Book Synopsis Inequality, Democracy, and Growth in Brazil by : Marcos Mendes
Download or read book Inequality, Democracy, and Growth in Brazil written by Marcos Mendes and published by Academic Press. This book was released on 2014-11-19 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In terms accessible to non-economists, Marcos José Mendes describes the ways democracy and inequality produce low growth in the short and medium terms. In the longer term, he argues that Brazil has two paths in front of it. One is to create the conditions necessary to boost economic performance and drive the country toward a high level of development. The other is to fail in untying the political knot that blocks growth, leaving it a middle-income country. The source of his contrasting futures for Brazil is inequality, which he demonstrates is a relevant variable in any discussion of economic growth. Inequality illuminates causes of seemingly-unconnected problems. This book, which includes freely-accessible documents and datasets, is the first in-depth analysis of an issue that promises to become increasingly prominent. - Contrasting visions of Brazil's future described in economic terms - Easy-to-understand graphs and tables illustrate analytical arguments - All Excel-based data available on a freely-accessible website
Book Synopsis Beyond Imported Magic by : Eden Medina
Download or read book Beyond Imported Magic written by Eden Medina and published by MIT Press. This book was released on 2014-08-15 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies challenging the idea that technology and science flow only from global North to South. The essays in this volume study the creation, adaptation, and use of science and technology in Latin America. They challenge the view that scientific ideas and technology travel unchanged from the global North to the global South—the view of technology as “imported magic.” They describe not only alternate pathways for innovation, invention, and discovery but also how ideas and technologies circulate in Latin American contexts and transnationally. The contributors' explorations of these issues, and their examination of specific Latin American experiences with science and technology, offer a broader, more nuanced understanding of how science, technology, politics, and power interact in the past and present. The essays in this book use methods from history and the social sciences to investigate forms of local creation and use of technologies; the circulation of ideas, people, and artifacts in local and global networks; and hybrid technologies and forms of knowledge production. They address such topics as the work of female forensic geneticists in Colombia; the pioneering Argentinean use of fingerprinting technology in the late nineteenth century; the design, use, and meaning of the XO Laptops created and distributed by the One Laptop per Child Program; and the development of nuclear energy in Argentina, Mexico, and Chile. Contributors Pedro Ignacio Alonso, Morgan G. Ames, Javiera Barandiarán, João Biehl, Anita Say Chan, Amy Cox Hall, Henrique Cukierman, Ana Delgado, Rafael Dias, Adriana Díaz del Castillo H., Mariano Fressoli, Jonathan Hagood, Christina Holmes, Matthieu Hubert, Noela Invernizzi, Michael Lemon, Ivan da Costa Marques, Gisela Mateos, Eden Medina, María Fernanda Olarte Sierra, Hugo Palmarola, Tania Pérez-Bustos, Julia Rodriguez, Israel Rodríguez-Giralt, Edna Suárez Díaz, Hernán Thomas, Manuel Tironi, Dominique Vinck
