The joint liability of the Federation entities in the supply of drugs
Keywords:
Right to Life, Dignity of the human person, Right to Health, Reserve of the Possible, Drug Supply, Common Jurisdiction, Joint Liability.Abstract
This paper aims to broach the judicial construction of joint liability of federation entities related to the supply of medicines. The choice of this study results from the high importance that the issue of the legalization of the right to health has reached in our courts today. The lawsuits have built new paradigms of state responsibility in affording health. Although there are divisions of responsibilities between the public entities under the Unique Health System, to the Constitutional Court the responsibility in the supply of medicines is joint between all spheres of the Federation because of the common competence established by the Federal Constitution. From this perspective, and using the concept of solidarity of the Civil Code, the Judiciary has determined that the three entities are defendants in the lawsuit, requiring them to satisfy jointly the protection demanded.Downloads
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