The emergency relief with health requests in the night court

ABSTRACT This essay addresses the treatment given by the Rio de Janeiro Judiciary to the health demands that were filed at the judicial nocturnal duty, in January and July, 2017, con-sidering that the judicialization of health is a phenomenon that has increased statistically, and that the judicial duty has become a way of easy access for those seeking emergency relief. In civil procedural matters, the deadlines and fines imposed, as well as the requests requested are addressed. In particular, we analyze the urgency decisions, bringing information about the anticipated protection in advance, as well as the need for precise justification on the part of the magistrates and the role of medical autonomy. The methodology used was hypothetical-deductive, in qualitative analysis, through doctrinal, jurisprudential and legislative review. The results show high levels of judicialization in public and private health demands.

摘要 本文探讨了2017年1月与7月，里约热内卢司法系统对提交至夜间司法值班程序的健康类诉求的处理情况。鉴于健康领域司法化现象在统计层面呈增长趋势，夜间司法值班程序已成为寻求紧急救济者的便捷途径。本文围绕民事诉讼中的期限、罚款措施及当事人提出的各项诉求展开分析，重点研究紧急裁判，披露预先保护性救济的相关信息，同时探讨法官需作出精准说理的必要性，以及医疗自主权的角色定位。本研究采用假设-演绎法，通过教义学、判例与立法审查开展定性分析。研究结果显示，公共与私人健康诉求的司法化程度均处于较高水平。