Health regulatory agencies and courts in Brazil: a tense but necessary relationship to promote health

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IDL-55785.pdf (514.23 KB)

Date

2013

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Abstract

National health agencies in Brazil have been the subject of many judicial disputes. The private supplementary health sector has been evaluated by consumers as the worst sector for 11 consecutive years; dissatisfaction of consumers of private insurance and health care plans have been the main cause of health litigation. This paper introduces the two national health regulatory agencies and the legal framework that has informed and guided the litigation of health rights in courts. Additionally the paper discusses how regulatory issues are being litigated in courts, showing litigation has often improved the provision of health care services, serving public interest.

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Keywords

BRAZIL, HEALTH CARE DELIVERY, HEALTH INSURANCE, JUDICIAL SYSTEM, REGULATION, ADMINISTRATIVE LAW, HEALTH LEGISLATION, CONSUMER PROTECTION, SOUTH AMERICA

Citation

Aith, F. (2013). Health regulatory agencies and courts in Brazil: a tense but necessary relationship to promote health. In Mariana Mota Prado (Ed.), Courts And ‘The Regulatory State of the South’: The Case of Brazil (chapter 8).

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http://hdl.handle.net/10625/55785

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IDRC Research Results / Résultats de recherches du CRDI
2010-2019 / Années 2010-2019
Research Results (SIG) / Résultats de recherches (CPT)