THE ACTION OF AMPARO AS THE IDEAL JUDICIAL MEANS FOR THE OBTAINING OF HIGH-COST MEDICATIONS AND TREATMENTS

Authors

  • Matías Dante Berardo

Keywords:

Amparo, Right to health, Health providers, High cost medications

Abstract

The amparo action regulated in article 43 of the National Constitution is the
ideal judicial means for people to obtain high-cost medicines and treatments due to the
refusals of social, mutual or medicine companies. To delimit the scope of the constitutional
process, and set the scope of the benefits to be covered under the Mandatory Medical
Plan, requires that legal operators exercise extreme precautions to protect the right to
health, and prevent the excessive granting of resolutions in favour of amparists.

Author Biography

  • Matías Dante Berardo

    Lawyer (National University of Córdoba/UNC). PhD Candidate in Law and Social Sciences (UNC).
    Professor of Constitutional Procedural Law (UNC). Professor of the Optional Subject "Amparo Process
    (UNC). Distance tutor of Administrative Law in the careers Degree in Security Management and
    Degree in Security (University Blas Pascal/UBP). Specialist in Constitutional Procedural Rights
    (UBP).

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Published

2019-11-29

Issue

Section

Doctrine and research

How to Cite

THE ACTION OF AMPARO AS THE IDEAL JUDICIAL MEANS FOR THE OBTAINING OF HIGH-COST MEDICATIONS AND TREATMENTS. (2019). Revista De La Facultad De Derecho, 10(2), 214-229. https://revistas.unc.edu.ar/index.php/refade/article/view/27886