Resumo

PERLINGEIRO, Ricardo. Healthcare for the Elderly: Between the Budget Constraints and the Right to an Existential Minimum. Bol. Mex. Der. Comp. [online]. 2014, vol.47, n.140, pp.547-584. ISSN 2448-4873.

The author contextualizes the effects of the realities of public finances on the (legislative) creation and judicial review of healthcare for the elderly. He establishes the relationship between economic factors and the conflicts arising out the claims and expectations of individuals, on the one hand, and the healthcare provided for by law, the public budget and administrative procedures. The author considers that the lack of financial resources and budgetary resources, while threatening to impose limitations on the judicial protection of such rights, is not necessarily an obstacle to the enforceability of healthcare rights, nor does it prevent the exercise of any other subjective rights created by law. Finally, the author points out the need for a better understanding of the expression an existential minimum (existenzminimum).

Palavras-chave : Healthcare for the Elderly; Right to Health; Fundamental Rights; International Human Rights; Existential Minimum; Public Budget.

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