Resumo

RISSO FERRAND, Martín et al. Medical writ of mandamus in recent Uruguayan jurisprudence. Rev. Derecho [online]. 2024, n.30, e4205.  Epub 01-Dez-2024. ISSN 1510-3714.  https://doi.org/10.22235/rd30.4205.

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

Palavras-chave : writ of injunction; writ of mandamus; constitutional guarantees; right to health.

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