A motion for an interlocutory injunction was brought to prevent the City of Toronto from enforcing its By-law that prohibited camping and erecting tents, structures, and shelters in City parks, City of Toronto Municipal Code, c. 608. The applicants did not challenge the validity of the By-law but sought an order to have it suspended …Read more

The applicants appealed a decision affirming the constitutionality of Brian’s Law (Mental Health Legislative Reform), 2000, S.O. 2000, c. 9. (“Brian’s Law”), which was enacted by the Ontario legislature in 2000. Brian’s Law amended the Mental Health Act (“MHA”), adding provisions that expanded criteria for involuntary committal in a psychiatric hospital and introduced community treatment …Read more

The applicants’ claim was based on s. 27(1)(b) of the Constitution – the right to sufficient food and water, which they submitted found further expression in the provisions of the Water Services Act 108 of 1997 (“WSA”). Their complaint argued that farm occupiers and labour tenants, especially the applicants, lacked “access to sufficient water, basic …Read more

The applicant, Mr. Slavko Krajnc, was a professional truck driver in Celje, Slovenia. On September 29, 2003, Krajnc was deemed to have “category III work-related disability” as a result of his epilepsy, which rendered him unable to work as a truck driver. Accordingly, he had the right to be assigned to a different, more suitable …Read more

The writ of Habeas Corpus was brought for the release of the defendants who were arrested for providing illegal abortion services through their clinic with the consent of the women. The Criminal District Court released the defendants but allowed the appeal of the Public Prosecutor for a pre-trial detention. The decision was based on the …Read more

A Brazilian national, S.C., worked as a teller at a state-run bank. S.C. was involved in three motorcycle accidents, in 2006, 2007, and 2009. She underwent surgery in 2008 after the second accident. She took medical leave in 2009. Under the bank’s internal policy, she was required to return from medical leave within three months …Read more

The author of the communication, the mother of a woman who had died during childbirth, claimed that Brazilian authorities had not ensured access to quality medical treatment during her daughter’s delivery in violation of nondiscrimination provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). More specifically, the author of …Read more

The Brazilian Federal Government filed an interlocutory appeal with the Supreme Court against the decision of the lower court, the Federal Court of the 1st Region (Tribunal Regional Federal da 1ª Região), to dismiss the extraordinary appeal filed to challenge the court’s decision recognizing the legitimacy of the Federal Prosecutor’s Office to propose a public …Read more

The plaintiff, Claudio Rodrigues, filed a lawsuit against the tobacco company, Souza Cruz, seeking damages for the death of his spouse, alleging that was caused by consumption of the tobacco products produced by Souza Cruz. The plaintiff argued that his spouse had been influenced into consuming the tobacco products by misleading advertisements that portrayed healthy …Read more

The Municipality of Caxias do Sul filed an extraordinary appeal against the decision of the lower court, which had found that the federal, state and municipal governments possessed joint liability to provide medications free of charge, for the treatment of serious disease, to those deemed to be financially needy, in order to abide by the …Read more

A defendant in a rape case petitioned a writ of Habeas Corpus before the Federal Supreme Court against the Court of Appeals decision because the survivor refused to be subject to physical exam and the jurisprudence gives extra weight to witness evidence in absence of such exam.  The second argument was that the Court of …Read more

Rio Grande do Sul filed an interlocutory appeal against the lower court’s decision that denied the special appeal affirming Rio Grande do Sul’s duty to care for its citizen’s health, specifically by providing surgery and certain medications at no cost to Rinaldo Pinzetta, a needy citizen. The Court also assessed a fine to Rio Grande …Read more

The State of São Paulo filed an interlocutory appeal against the decision of the lower court (Tribunal de Justicia del Estado de São Paulo) that recognized the Public Prosecutor’s Office as a legitimate party to bring civil actions to protect “unavailable individual interests.” The state argued that the decision contravened articles 129 (institutional functions of the …Read more

Plaintiff carrying the HIV virus was wrongfully terminated from her employment at the Sociedade de Onibus Porto Alegrense and alleged discriminatory motives, because the employer was aware that the employee carried the HIV virus at the time of termination. The employer asserts that it first became aware of the employee’s condition four years prior to her …Read more

The Court of Justice found that the State of Rio Grande do Sul was responsible for providing medications, free of charge, to those who need them but are unable to afford them. In accordance with in accordance with Article 196 (right to health) and 23 (state and federal governments’ obligations to provide for health and …Read more

The Superior Court of Justice found that the State of Rio Grande do Sul had the obligation of providing the plaintiff in the case with medication free of charge because the plaintiff could not afford it. The court founded its decision on the constitutional rights to life, health, and human dignity.The state refused to comply …Read more

The Court of Justice held the State of Rio Grande do Sul responsible for providing medicines free of charge to an individual living with HIV who was unable to afford them. The court based its decision on the rights to life and health. Considering these medications necessary for the survival of the individual, the court blocked …Read more

On 26 March 2009, the IACmHR submitted to the IACtHR a lawsuit against Brazil, which originated in a petition filed on 7 August 1995 by the Center for Justice and International Law (CEJIL) and Human Rights Watch/Americas. The underlying claims concerned Brazil’s alleged responsibility for the arbitrary detention, torture and forced disappearance of 70 people, …Read more

Fifty buses worth of landless rural workers attempted to protest in Paraná’s capital for agrarian reform as large amounts of the rural lands in the state were owned by a few landholders. The caravan was intercepted by military police. When passengers got off one of the buses to inquire what was happening, the military police …Read more

ANVISA (National Agency for Health Surveillance), brought action seeking a review of the lower court’s decision allowing Phillip Morris to refrain from placing the health warnings on the packaging of its tobacco products as required by Resolution 54/2008. The plaintiff alleged that failure to follow the tobacco-control regulation requiring tobacco companies to place a warning …Read more

The plaintiff, Agenor Pereira Dias Filho, filed an action against the National Congress before the Federal Supreme Court of Brazil, asking the Court to have §4 of article 40 of the Federal Constitution regulated. The plaintiff claimed that the nature of his work as nursing assistant subjected him to unhealthy working conditions and entitled him …Read more

The Municipality of Vitoria, in the State of Espritio Santo, Brazil, and the Federal Government appealed to the Federal Supreme Court of Brazil – an extraordinary appeal – to have the decision of the lower court overruled. The lower court had decided in favor of Alessandro Dias Almeida and others that the State should provide …Read more

Ten children died as a result of the presumed medical negligence of the personnel at the Clínica Pediátrica da Região dos Lagos. The hospital received funds from the state via the public system of health of Brazil called Sistema Unico de Salud. The majority of children treated at the hospital were from families with “reduced …Read more

The Federal Prosecutor’s Office filed an extraordinary appeal against the decision of the First Region Federal Court, which ruled that crimes against employees amounting to conditions analogous to slavery (crime against the organization of work), exposure to risk of life and health of such workers, the frustration of their labor rights and omission of data …Read more

The Municipality of Caxias do Sul brought an interlocutory appeal against the Court of Justice of Rio Grande do Sul’s decision, refusing to admit an extraordinary appeal. The Court of Justice found that the federal, state and municipal governments possessed joint liability, stemming from their duty to provide free pharmaceuticals for the treatment of serious …Read more

The Public Prosecutor’s Office of the State of Rio Grande do Sul filed an extraordinary appeal against the decision of the Rio Grande do Sul’s Court of Justice. The Court of Justice found that the Public Prosecutor was not entitled to bring an action on the behalf of an individual, because any individual may bring …Read more

The Public Prosecutor’s Office of Santa Catarina filed a public action to compel the State of Santa Catarina to provide pharmaceuticals to a needy individual, for the treatment of his hepatitis B and C. The Court of Justice found that the Public Prosecutor’s filing of the action had been illegitimate. The Public Prosecutor then filed …Read more

The State of Espírito Santo filed an extraordinary appeal against the decision of the Court of Justice of Espírito Santo. The Court of Justice found that the State was responsible for providing all medicine and medical assistance required for the treatment of an individual’s serious disease, including the drug Viagra. The State argued that the …Read more

The State of Pernambuco filed an interlocutory appeal against the Court of Justice of Pernambuco’s decision, refusing to admit an extraordinary appeal. The Court of Justice of Pernambuco found that the State was responsible for providing medication and health services to a needy individual suffering from chronic disease. The State argued that the constitutional obligation …Read more

The Court of Justice found that the State of Rio Grande do Norte had the obligation of providing high-cost medication, free of charge, to an indigent individual suffering from melanoma. The Court of Rio Grande do Norte had previously dismissed an interlocutory appeal brought by the state. The State of Rio Grande do Norte filed an extraordinary …Read more

The Public Prosecutor’s Office of the State of Rio Grande do Sul filed an extraordinary appeal against the decision of the Rio Grande do Sul’s Court of Justice. The Court of Justice found that the Public Prosecutor was not entitled to bring an action on the behalf of an individual, because any individual may bring …Read more

A Chief of Police contracted Hepatitis C while intervening in the attempted suicide of a prisoner. The the Court of Justice of São Paulo held that the state and its health system were responsible for providing him, an individual in financial need, with medications to treat his Hepatitis C. The State of São Paulo filed an extraordinary …Read more

A minor diagnosed with progressive muscular dystrophy was denied access to a special Municipal transportation service called the ATENDE program because he was not yet using a wheelchair. The ATENDE program was instituted to meet the needs of handicapped people who could not otherwise access common public transportation. The Health Department of Sao Paulo, on …Read more

Damião Ximenes-Lopes, a person with mental illness, was hospitalized for psychiatric treatment at a private psychiatric clinic that operated within Brazil’s public health system. Ximenes-Lopes died three days following hospitalization while undergoing psychiatric treatment. He endured “inhuman and degrading” conditions and died under violent circumstances in the hands of hospital staff. Ximenes-Lopes’ sister filed a …Read more