About the (in)Admissibility of the Presiding Judge’s Order Promoted by the Patients with Incurable Diseases with the Purpose of Insuring Subsidized Medical Treatment for Themselves

Abstract

The presiding judge’s order is that special procedure that we have to observe in cases where the prompt action of justice is needed, being, therefore, a very useful proceeding means, that might be used, in practice, by people for whom the passing of time necessary for following all the bureaucratic procedures and observing all the proceeding discipline of common law is vital, this because their life is subject to real and imminent risk. We are referring, specifically, to those patients with incurable diseases, oncological, for whom the appropriate efficient medical treatments are extremely expensive and who, beyond the difficult fight with the disease, must fight the ”system”, from which they do not get favorable, rapid responses as they were supposed to, so do not come to a tragic ending. Within this analysis context, we are interested in following the manner in which the courts invested with the presiding judge’s order exercised in circumstances like this, have assessed the fulfillment of the special conditions of admissibility for this procedural tool.