The aim of this article is to look at the main legal cases of the US state and federal cuts that have involved the historical and controversial dispute between creative and evolutionist in the United States. From the adoption of anti-evolutionary laws in the 1920s to the judicial dispute surrounding...

This article proposes central questions of political theory and legal theory in demarcating the boundaries of representation in the face of two contemporary divisions — the so-called judicialisation of politics and politicisation of the law, which seem to undermine the classic division of powers con...

This article aimed to analyze access to justice for the elderly population, as well as the social and political consequences of their non-participation in the democratic context. It was used methodologically the documentary analysis of the judicial processes that processed in the Forum of the Region...

The study examined the extent to which prior administrative application should make access to justice in public health claims conditional. Initially, the deductive method was adopted to investigate, on the basis of the conception of principles present in Robert Alexy’s fundamental rights theory, the...

Increasing judicialisation has represented a challenge for swift, efficient and fair decisions in state justice. This study seeks to analyse, in the face of the scarcity of research on the subject, the possibilities offered by the multi-door system to solve structural problems, seeking the reorganis...

The present work has the aim of presenting some nuances about the renown that has gained justice in politics and judicial activism in Brazil, more specifically with regard to welfare law. It also addresses the importance of observing the principle of non-regression of social achievements as a means...

O objetivo do artigo é fornecer uma base teórica para a compreensão da "judicialização da política externa", tomando como ponto de partida as elaborações clássicas de Locke e Montesquieu que conferiam ao Executivo uma grande dose de discricionariedade na condução das relações exteriores, gradualment...

The article seeks to understand the medicalisation process of children and young people ‘inconveniences’ and their effects on their subjectivity and life paths. The research was based on a case study, selected for psychiatric diagnoses based on school complaints, involving interviews and desk analys...

The text deals with criticism of the description of the scope of constitutional law, which seeks to explain the slippages of judicial decisions and to rely on the internal analysis of legal provisions, disregarding the current political tensions in all societies. Suggesting the resumption of concret...

Case law

Separation of powers is one of strongest aspects of contemporary constitutionalism, mostly to rationalize the exercise of state power. In Brazil, the 1988 Constitution provides as entrenchment clause to tripartition of powers. However, there is a change in paradigms, especially at the level of const...

Plant — present complexity of factors that permeate the institutionalisation of administrative mediation within the National Electrical Energy Agency — ANEEL.Methodology/approach/design — Ex-positive and comparative approach has been used, based on the analysis of ANEEL’s organisational structure an...

In 1994, a group of lawyers interested in discussing topical legal issues and the French company held the first meeting. This meeting of some 30 prestigious experts became institutionalised over time and since 1999 it has been regularly published. In 2008, its theme was health, a patient of justice?...

Este artigo apresenta um panorama da jurisprudência do Supremo Tribunal Federal sobre o controle judicial do orçamento público e a proteção dos direitos humanos enquanto fim do Estado e do direito, especialmente considerando a recente tese fixada sobre o assunto. A questão de saber se é possível con...

The objective study examines the new way of interpreting and applying the law established from the centrality of human and fundamental rights in the second half of the 20th century, which led to the judiciary’s dominance in the political and moral decisions of the State, making it the role of judge-...

Whereas judicial decisions still retain the ritulistic tradition of how to operate the field of law centred on a legalistic and positioned view, this article aims to understand how judicial decisions affect the cotidian of the health care of a family who suffers from the chronic condition of adrenol...

The present work analyses the implications of the labour reform introduced by Laws 13.429/2017 and 13.467/2017 for teaching in private education institutions in the State of the Mato Grosso do Sul through the Regional Labour Court of the 24th Region (TRT 24º R.). To this end, on the basis of the qua...

The article looks at the legal and political process mobilised in search of discretionary power over the spending of the State Health Fund budget. This is a dispute in the STF expressed in ADI 2999 (State of Rio de Janeiro X National Health Council) and ADI 3088 (PSDB X State of Rio de Janeiro). The...

This test discusses the judicialisation of health from their myths and the need for reflections on law, economics and health to be made on the basis of reliable empirical evidence. Critical literature is problematic with the presentation of ten myths: (1) the myth of over-judicialisation of the righ...

Health plans and insurance follow principles similar to those of general insurance. They provide health care services or repair (in part or in full) the costs of the treatment, by paying a ‘prêmio’, or in return for money or simply a monthly payment, to the operator of the plan. Future and uncertain...

The judicialisation of medicine is a growing phenomenon in Brazil, i.e. there is a gradual increase in legal proceedings against medical professionals in the aftermath of adverse events. This article aimed to identify and summarise the legal mechanisms adopted by different countries to deal with iss...

Embora the Single Health System has advanced since its inception, there are still gaps in the supply of medicines and services. As a result, citizens have used the judicial system for the purchase of health goods, a practice known as health judicialisation, which has grown sharply in recent years. T...

Thalidomide syndrome affected the development of Brazilian children in the late 1950s and beyond. Thalidomide was sold as antiemetic and sonic. If consumed in the initial period of pregnancy, it caused different embryopathies. Thousands of children in 46 countries were born with absence or shortenin...

In an intriguing article, “From grace to injection into the test? Ten myths of critical literature and a defence of evidence-based health judicialisation”, Pedro Fortes critises criticism of the criticism of health judicialisation. His central argument is that critical studies of health judicialisat...