For finding in favour of the plaintiff |
351 |
138.19 |
Federal Constitution |
97 |
38.19 |
Law 8080/90 |
57 |
22.44 |
Children's and Adolescents’ Statute |
46 |
18.11 |
Seriousness/Urgency |
30 |
11.81 |
Passive legitimacy of the defendant |
26 |
10.24 |
Existence of clear legal right |
23 |
9.06 |
Existence of need |
14 |
5.51 |
Jurisprudence |
9 |
3.54 |
Ministry of Health/National Health Surveillance Agency (ANVISA) regulations |
9 |
3.54 |
Single Health System (SUS) has only one direction |
6 |
2.36 |
Lack of interest in taking action |
5 |
1.97 |
Doctrine |
5 |
1.97 |
SUS management is decentralized |
5 |
1.97 |
The administration cannot limit the service |
5 |
1.97 |
Promoting access to health for the poor is a duty of the State |
3 |
1.18 |
Law 9313/96 |
3 |
1.18 |
Respect for the condition of a minor at risk of dying |
3 |
1.18 |
One must respect for the principle of universality |
3 |
1.18 |
Insufficiency is no justification for lack of service |
2 |
0.79 |
Prescriptions were signed by SUS doctors |
2 |
0.79 |
Disrespect for the principle of universality |
2 |
0.79 |
One must respect for the principle of integrality |
2 |
0.79 |
Conflict between the public interest and private interest |
2 |
0.79 |
Statute of the Elderly |
1 |
0.39 |
Law 1533/51, article 7 |
1 |
0.39 |
Municipal Law 8493/03 |
1 |
0.39 |
State Law 14533/02 |
1 |
0.39 |
Federal Law 11347/06 |
1 |
0.39 |
Organic Law on Social Assistance (LOAS), article 20 |
1 |
0.39 |
Penal Process Code, article 5 |
1 |
0.39 |
One must respect the SUS hierarchy |
1 |
0.39 |
Abuse of authority on the defendant's part |
1 |
0.39 |
Violation of the constitutional right to health |
1 |
0.39 |
The State has funds for emergency situations |
1 |
0.39 |
High price of the medication |
1 |
0.39 |
Medical Ethics Code |
1 |
0.39 |
It is a duty of the State to ensure the construction of a society with freedom, justice and solidarity, the well-being of all without any form of discrimination, with the eradication of poverty and marginalization |
1 |
|
Arguments |
Abs. |
% |
As well as being a humanitarian question, the provision of adequate medication needed by the sick ends up constituting savings of public funds, since it mitigates the frequency of in-patient admissions |
1 |
0.39 |
Others |
7 |
2.76 |
For not finding in favour of the plaintiff Absence of clear legal right |
16 |
6.30 |
Prescriptions were not signed by SUS doctors |
16 |
6.30 |
One must respect SUS standardization |
15 |
5.91 |
It is not a competency of the Public Prosecution Service |
1 |
0.39 |
One must respect the principle of federalism |
8 |
3.15 |
Existence of need not demonstrated |
6 |
2.36 |
Refusal of service on the defendant's part not demonstrated |
5 |
1.97 |
Passive illegitimacy of the defendant |
4 |
1.57 |
Passive illegitimacy of the municipality |
4 |
1.57 |
There is no urgency |
1 |
0.39 |
It is not a competency of the Public Prosecution Service |
1 |
0.39 |