Medical writ of mandamus in recent Uruguayan jurisprudence
Los amparos médicos en la jurisprudencia uruguaya reciente
Os amparos médicos na jurisprudência uruguaia recente
| 2024 | |
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acción de amparo garantías constitucionales derecho a la salud writ of injunction writ of mandamus constitutional guarantees right to health ação de amparo garantias constitucionais direito à saúde |
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| Español | |
| Universidad Católica del Uruguay | |
| LIBERI | |
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https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/4205
https://hdl.handle.net/10895/4684 |
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| Acceso abierto |
| Sumario: | To complete two previous investigations about the writ of mandamus or injunction - excluding those writs to deliver medication or special medical treatments -, the jurisprudence of the last two years was reviewed from both the First Instance Courts of Montevideo and the Appeal Courts. It broke off with clearly discouraging results because Uruguayan courts have very restrictive criteria regarding de admissibility of this constitutional and international guarantee and a surprising situation was reached: just as most petitions for protection are rejected by the courts, the opposite happens when a petition for protection is filed for medical reasons. An attempt was made to find some causes for this difference in criteria. |
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