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The protection of the right to health by the Public Administration: outlining the concept of health administrative protection

Abstract

The phenomenon of health judicialization centralizes, predominantly, the discussion of dilemmas arising from public policy in the context of the Judiciary Power. Thus, this research aims to establish a specific administrative perspective for the protection of the right to health. The problem revolves, then, around the delineation of the notion of administrative protection for health, its elements and legal foundations. The methodological approach is inductive, based on bibliographic and documentary research techniques. It is concluded that the right to health and the respective public policy deserve to enjoy administrative protection properly sanitary, to boost the protagonism of the Administration and minimize conflict situations, balancing the objective subjective dimensions.

Keywords:
right to health; judicialisation; administrative protection; health protection; public choice

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