Critique of ferraz harming the poor through social litigation
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These regressive effects stemmed from public resources devia- tion without government planning (Gloppen, 2009;Marques, 2008;Messeder et al., 2005;Meier and Yamin, 2011;Tanaka, 2008;Ventura et al., 2010;Vieira and Zucchi, 2009). As a result, the implementation of broad population coverage programs is compromised Barata, 2009, 2010;Romero, 2010) and the health system is able to meet only non-priority demands from population sectors with more economic resources and more pos- sibility of accessing legal resources ( Abramovich and Pautassi, 2009;Bergallo, 2011;Borges and Ug a, 2010;Chieffi and Barata, 2009;Cubillos et al., 2012;Ferraz, 2009;Ferraz and Vieira, 2009;Ferraz, 2011;Lopes et al., 2010;Pereira et al., 2010;Vieira et al., 2010;Yamin and Parra-Vera, 2010). ...
... Other Judiciary's limitations mentioned are: the difficulties faced by the courts to decide on goods provided by the State with public funds; the institutional inertia of the Judiciary since it acts only when triggered (Borges and Ug a, 2009); variability of judg- ments for similar cases (Anderson, 1992); the tendency of the courts to make law for the best or worst case but not for the modal case ( Manfredi and Maioni, 2002); inadequate interpretation of the right to health by judges (Ferraz, 2011); and non-recognition, by judges, of other interests rather than those of patients with drug coverage (Sant'Ana et al., 2011;Viera et al., 2010). ...
... Brazilian authors highlighted two possible conceptions that judges have about the right to health: an individual and absolutist conception that considers health as a constitutional right which cannot be limited by infra-constitutional norms (as regulations that define the budget or the health system organization) or by eco- nomic restrictions ( Biehl and Petryna, 2011;Ferraz, 2011); and a reduced conception that considers the right to health as a simple delivery of medication, disregarding the importance of compre- hensive healthcare (Gontijo, 2010;Diniz et al., 2012;Pepe et al., 2010a). ...