COMPLIANCE WITH INTEGRALITY AS A CONSTITUTIONAL DUTY TO RESPECT HEALTH Sheyla Suruagy Amaral Galvão do Vale, Alan Martinez Kozyreff, Paulo Alves Adorno

Abstract

The general aim of this paper is to analyze the integral health as a constitutional right of everybody not only as prevention but as integral and recuperative therapeutic assistance. It analyzes in a specific way how the subject became, largely, responsible for the judicialization of health. The methodology focuses on the analysis of the theme in the Constitution of the Federative Republic of Brazil of 1988 and on infra-constitutional norms that deal with the subject by opposing the legal framework with thinkers who make a divergent theoretical approach; it is dedicated to the analysis and data collect of public and official numbers of lawsuits related to this matter. From the survey and exploration of these numbers, it is discovered that the deficit of effectiveness of health services and actions, in disagreement with the norms that define the fundamental right to health, are the main reasons to base judicial litigation. In the course of this work, it was discussed the concept of integrality, the extension of this concept beyond the individual as a single cell, the way in which this willpower occurs and the litigiousness of the subject. It is concluded that the scarcity of public resources and their mismanagement coupled with the lack of clear norms that delimit irrational access at the expense of those most in need of health services, is what has led the courts to public health in Brazil.