Search

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines how the mobilization of emotions can be fully integrated into the repertoire of contentions. To do this, the analysis must be attentive to the way in which appealing to emotions, far from being limited to impulsive and disruptive actions, is part of the tactical know-how accumulated within social movement organizations. A survey relating to one of the first French climate change litigation cases highlights the complementarity between emotions and formalization of expertise when it comes to forcing the hand of the authorities by rallying a large number of supporters while resorting to the law. [ABSTRACT FROM AUTHOR]

Copyright of Revista Brasileira de Políticas Públicas is the property of Revista Brasileira de Politicas Publicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The administrative processes of recognizing Indigenous Lands (ILs) in Brazil can take decades to complete. Indigenous peoples who live in unrecognized ILs are more vulnerable to a series of rights violations, which makes the completion of demarcation processes urgent. This article aims to answer the following question: why do some demarcation processes take longer than others? We listed five conditions found in the literature on the demarcation of indigenous lands that can delay them. Next, we applied the qualitative comparative analysis (QCA) method in its crisp set mode to 40 cases of IL demarcation. We present two conclusions: the presence of economic interests is an important condition to explain the long duration of some demarcation processes, but it is neither necessary nor sufficient, and the conjunction of this factor with the judicialization of the demarcation process explains most cases of long-term demarcations. [ABSTRACT FROM AUTHOR]

This article analyses the dynamics and psychological processes underlying judicialized conflicts that are known as parental alienation, examining three case studies in the light of psychoanalysis. The litigation experienced by the child reflects their embarrassments with the Other in their search for answers to their enigmas and affections, amid guerrilla warfare between those who occupy parental roles. The study pinpoints the pathways required to understand parental alienation: in a socio-historical journey through how parental and marital ties are conceived and recreated; in a passage through the grief that the subjects suffer during family reconstitution; and through a rereading of the phenomenon focused on the uniqueness of the symptom. We are hopeful that it will support a more critical and skilled praxis for those who work in the judiciary. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Direitos Fundamentais & Democracia is the property of Revista de Direitos Fundamentais & Democracia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Chilena de Derecho y Ciencia Política is the property of Revista Chilena de Derecho y Ciencia Política and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cadernos de Dereito Actual is the property of Asociacion Xuristas en Accion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Gerais: Revista Interinstitucional de Psicologia is the property of Gerais: Revista Interinstitucional de Psicologia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito da Cidade is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

How do state courts in Brazil participate in the debate about Covid-19 policies? I argue that state courts had a role in making decisions on key policies when political actors couldn't agree on how to handle the crisis. This paper compares its findings to what previous research has found on the role of the stf at the federal level. The results show that subnational institutions tried to use state courts to halt such policies in a similar way to what happened in the stf. [ABSTRACT FROM AUTHOR]

In recent years, there has been a significant increasement in lawsuits in Brazil aimed at guaranteeing the fundamental right to health, provided for in the Federal Constitution of 1988. However, the judicialization of health does not solve the problem of most people, in view of the slowness of justice and access to justice itself. Thus, the problem of this study is limited to evaluating whether mediation is really a method that is efficient to the realization of the right to health. Thus, the general objective of this study is to analyze the effectiveness of health mediation as a faster, less bureaucratic, economic alternative from the procedural point of view and viable as a technique for the solution/prevention of judicial disputes related to the public health system of the municipality of Imperatriz - MA. The specific objectives are constituted in order to identify the causes that lead to the high level of "judicialization of health" in the municipal scope of Imperatriz-MA, as well as to investigate the main results that sanitary mediation has obtained as a mechanism capable of reducing the number of lawsuits involving the area of public health in the referred municipal entity, through the practices carried out by the Mediation Chamber in Health Law (CAMEDS). The methodological approach used was possible through field research, with the application of semi-structured interviews, with open and closed questions, as an instrument of data collection, given to the Municipal Health Department of Imperatriz -MA (SEMUS), to the Secretariat of the Court of the Public Treasury of the District of Imperatriz - MA and to the Mediation Chamber in Health Law (CAMEDS), reaching the conclusion that, in fact, the application of the practices of sanitary mediation combined with the use of information technology constitutes a formidable alternative for the reduction of judicial proceedings related to public health. [ABSTRACT FROM AUTHOR]

Copyright of Quaestio Iuris (QI) is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Polis (07176554) is the property of Polis - Revista Academica Universidad Bolivariana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Thesis Juris is the property of Revista Thesis Juris and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Espaço Jurídico: Journal of Law is the property of Espaco Juridico: Journal of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Brazilian Journal of Law & International Relations / Relações Internacionais no Mundo is the property of Relacoes Internacionais no Mundo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The changes that occur in modern society, sometimes require regulation by the Legislature and action by the Executive, which does not always happens satisfactorily, which is the reason of an increase in lawsuits related to these omissions and incorrect operation of the institutions. This phenomenon is known as judicialization. When this occurs, it is up to the Judiciary intervene, by means of its decisions, acting in a more creative and participative way, by means of judicial activism, aiming at the implementation of the constitutional principles. However, such decisions are often not well accepted by society and the institutions, in most cases, in a way that may not be fulfilled. An instrument to be used to ensure the effective enforcement of these decisions is the use of structural reforms. Such measures were used primarily by the US Supreme Court, in the fifties, to oblige the society and the institutions to comply with controversial decisions, and recently, in a timid manner yet, began to be used by the Brazilian Federal Supreme Court. The present research aims at discovering how the structural reforms can be used also by the judge of first degree as a form of guarantee of the effectiveness of their decisions. It is understood that the first-degree magistrate may act in a more activist way and use the structural reforms to ensure that the author reaches his claim, only if the applied measures are proportional and can not be replaced by less severe measures, as well as do not generate excessive injury to the defendant, and allow him to understand why he is being hit by such measures. [ABSTRACT FROM AUTHOR]

This article addresses the judicialization of domestic violence in East-Timor, discussing the victimization and individualization of these conflicts which emerge in relational contexts. On an ethnographical approach of institutional care practices with women sheltered, I reflect on their trajectories facing the discourses and practices of a local NGO, resorting to the literature of Brazilian anthropology. My argument is that domestic violence can be better understood both critically and analytically if we consider the communicational aspect of physical power in the (re)production of engendered representations of subjects and their social fantasies. [ABSTRACT FROM AUTHOR]

The article deals with ethnic-racial quotas, based on a black critique of hermeneutics that understands structural and institutional racism, as well as the relationships of inequalities in cultural and social status in the dialogue with the Judiciary. In this process, the hermeneutic phenomenology is used, starting from a literature review, as well as the study of the concept of legal-democratic revolution. In this process, an interpretation of the votes in the Action for Non-Compliance with the Fundamental Precept 186 is proposed in order to understand the conflicts over the recent implementation of the racial hetero-identification Commission. [ABSTRACT FROM AUTHOR]

Copyright of Cadernos de Gestão Pública e Cidadania is the property of Fundacao Getulio Vargas, Escola Brasileira de Administracao Publica e de Empresas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Historia Agraria is the property of Historia Agraria and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Brasileira de Políticas Públicas is the property of Revista Brasileira de Politicas Publicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In judicial processes involving indigenous peoples, it has become increasingly recurrent to integrate special mechanisms to allow for dialogue, and the interpretation and translation of the cultural differences of the indigenous worlds before state justice operators. Expert appraisal is one of these devices that summon the anthropological discipline to the courts. The purpose of this article is to show how expert opinion is a device of professional practice for the intervention of anthropology in processes of demand for justice intended to guarantee the understanding of cultural and social diversity. The arguments and elements detailed in the article are based on a research experience involving the Arhuaco indigenous people of the Sierra Nevada de Santa Marta in Colombia between 2018 and 2020, the documentary/bibliographic analysis, and the study of the judicial file related to the facts concerning the retention, torture, and death of three Arhuaco indigenous authorities that occurred in 1990. The article concludes that anthropological expertise is a device of disciplinary practice that can support the demands of indigenous peoples for access to justice and, therefore, to the understanding of cultural diversity in the courts. Its production and the associated epistemological, political, and intersubjective relationships merit further disciplinary analysis. Finally, revealing the methodological process of the elaboration of an anthropological expert opinion, its adaptation to the demands of justice, and the gaps of a particular judicialization process, as well as further exploring the questions posed by anthropology, are discussed in the article as a relevant and pertinent exercise for reflection on the practice of the discipline in judicial scenarios. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article aims to outline the path that led to access to justice from a formal perspective to another based on a fair legal order. Anchored in bibliographical and documental research, the work locates the origin of access to justice in the context of the formation of the liberal State, after the collapse of absolutism, and discusses the contribution of the Florence Project to its expansion. It outlines the evolution in Brazilian legislation, demonstrating how it came to be equated with access to the judiciary, leading to the growth of judicialization. It concludes with the strategy for promoting access to a fair legal order, normatively introduced by the National Policy of adequate conflict management, established by the National Council of Justice. By this means, the article highlights the importance of the effective implementation of the aforementioned policy, given that it will provide conflict with solutions marked by their effectiveness, suitability, and timeliness. [ABSTRACT FROM AUTHOR]

Copyright of Cadernos PAGU is the property of Universidade Estadual de Campinas - Portal de Periodicos Eletronicos Cientificos and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study aims to analyze the supply of medicines by the state through the judicialization of demands in the face of possible reserves, this being an offshoot of the realization of the right to health, in consequence linked to human dignity. A research carried out based on recent jurisprudence of the Tribunal Regional Federal da 4° Região comprised the period from 01/06/2014 to 08/14/2014. All hypotheses of negative supply in the period analyzed. The text also seeks to analyze the position of the Court on the possibility of budget limitations reduce the efficacy of the right to health, beyond judicial control of public policies in the face of ineffective provision by the government. [ABSTRACT FROM AUTHOR]

This article aims to conceptualize the phenomena of judicialization of politics and judicial activism, in order to differentiate them, and with this analyze from when they started to occur and their occurrence increased in Brazil. It also aims to analyze the role of the Supreme Court in the current context of the country. In the same way, it seeks to do so in relation to the United States of America, in order to carry out a comparative study to point out the main similarities and differences of these phenomena in the two countries. To achieve the proposed objective, in relation to the methodology used, a systematic review was adopted. The article demonstrates that Brazil is part of the global context of expansion of the powers and authority of the Judiciary that has been observed in several countries, and that for this very reason it has been taking increasingly political decisions and thus assuming a space that has been left vacant by the Legislative and Executive powers. In the United States, the opposite phenomenon can be seen, in which the action of the Judiciary, more specifically the action of the Supreme Court, is aimed at containing legislative activity. From this article, we want to reflect on the expansion process verified with the powers of the Supreme Court and how this body has behaved in relation to what happens in the United States, what are the main differences and how they can contribute to Brazil. [ABSTRACT FROM AUTHOR]

Copyright of Educacao e Pesquisa is the property of Faculdade de Educacao da Universidade de Sao Paulo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Brasileira de Políticas Públicas is the property of Revista Brasileira de Politicas Publicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

According to data from the STF-COVID-19 Action Panel (transparency), until the date of february 23, 2021, the Brazilian Supreme Court received 7,322 pandemic-related cases, with a total of 8,798 decisions on the subject. Thus, given the high judicialization of health in the COVID-19 pandemic, reflected in all segments of Justice, from the Supreme Court to the lower court, it is necessary to analyze the main decisions of the Excelso Court, in the light of art. 102, caput, of the Fundamental Statute, which establishes that it is primarily his responsibility to keep the Constitution, as well as of arts. 6º and 196 to 200, of the same Charter, which deal with the social and universal right to health. [ABSTRACT FROM AUTHOR]

Over the past two decades, the abortion rights controversy has become the most prominent field of dispute between feminists and religious conservatives across Latin America. In this context, the political branches of government have generally been reluctant to change the region's restrictive legal frameworks around abortion. Since the mid-2000s, Latin American feminists have turned to the courts in search of long-pursued reforms in this field. Through an analysis of the role of constitutional courts in the liberalization of abortion laws in Colombia, Brazil, Argentina, and Mexico, this study points out the diverse ways in which courts have contributed to the advancement of abortion rights, becoming alternative venues for feminist advocacy in Latin America. It highlights how courts have been used to liberalize abortion laws, ensure the implementation of existing abortion laws, and deter backlash processes. Furthermore, it details how courts have offered a platform for public debate on abortion. The study's findings show that the judicial system can be a favorable forum for feminist activism in Latin America when access to other institutions is blocked. The findings also add nuance to the critique of the use of courts for social change, which stresses the pernicious consequences of the judicialization of social movements. [ABSTRACT FROM AUTHOR]

Copyright of Revista Direito GV is the property of Fundacao Getulio Vargas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

With the outbreak and devastating spread of the SARS-CoV-2 pandemic, different forms of containment methods have been implemented across Latin America that have radically and rapidly transformed public health approaches. The purpose of this paper is to provide a preliminary delimitation of the problem of person-to-person accusations and complaints in proximity contexts under the confinement regime in the metropolitan area of Buenos Aires (AMBA). This paper examines three issues: 1) anthropological perspectives on judicialization; 2) the broad-ranging consequences and paradoxical effects that accusations, denunciations, and judicializations have been proven to cause for the well-being, health, and survival of affected individuals and social groups; and 3) the particularities that anthropological work assumes in highly normatized, sanctioned, and criminalized contexts. This article addresses heterogeneous materials: historical background, anthropological arguments, research results, media information, regulations, etc., to analyze the case of the AMBA. Specifically, the text focuses on the practices employed during the months of the initial period of confinement in AMBA, from March 20 to November 9, 2020. This analysis sheds light on the ways in which proximity accusations and allegations lead to the fragmentation of social fabrics, deepen inequalities, and accentuate uncertainty about social responses to possible infection and death. They also compromise and distort epidemiological, preventive, and care strategies. While legal actions of the same type have taken place for other ailments and epidemics, proximity accusations and allegations, in this case, are understood as enabled and legitimized strategies that express and translate deep transformations --at the micro-scale of isolation-- of the links between public health, legislation and security forces in social confinement regimes. [ABSTRACT FROM AUTHOR]

The present exposition aims to investigate what happens after the sentence of a structural case centered on the right to the environment in an urban territory. We will take the case of the judicialization of the sanitation of the Matanza Riachuelo basin, one of the most polluted areas of Argentina, which runs through the Buenos Aires Metropolitan Area. The ruling involved the deployment of a battery of policies, including the urbanization and relocation of informal settlements located in the basin. In this work we will investigate the representations of the inhabitants of these neighborhoods about their environment and their rights in general. In addition, the state actions and the traditions of the villeros movements in the area will be analyzed as elements to consider to investigate the characteristics of these perceptions. A qualitative methodology was used, carrying out field work in two settlements in the basin between 2014 and 2018. [ABSTRACT FROM AUTHOR]

Copyright of IUSTA is the property of Universidad Santo Tomas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The brazilian reality in the last few years is a lot of lawsuits requesting the provision of services based on the right to health, either due to the inefficiency and or ineffectiveness of existing public policies, or their inexistence. This situation, known as the judicialization of health, can lead judges to exagerated interpretations by applying and determining the realization of the right to health in an unlimited way. Consequently, the lawsuits carry inequalities and disproportionalities, because they only benefit their plaintiffs when it is proceeding. Therefore, in this context, this work, based in the deductive method, intends to demonstrate that the problems of the judicialization of health symbolizes an unequal way of accessing health services, and even disproportionate, considering the feasibility of judicial decisions. Thus, in conclusion, there is a need for fairness based on specialized technical support to the judge, such as the e-NATJus platform. [ABSTRACT FROM AUTHOR]