O sentido e o alcance do conceito de integralidade como diretriz constitucional do Sistema Único de Saúde

Abstract

The 1988 Federal Constitution introduced significant changes in the ambit of social rights, especially regarding the right to health. In this sense, it widened the fundamental rights, in whose landmark the social rights are found, generically submitting them to a command of immediate applicability. Therefore, the study was elaborated, based on the premise that the constitutional text, recognizing the social rights, frequently attributed them indubitable feature of subjective public rights, thus, allowing them the possibility of jurisdictional tutelage. Specifically concerning the right to health, besides organizing a unique system, involving all the governmental spheres, the Federal Constitution appointed as its directress the duty of integral assistance. According to the preamble of the pact that created the World Health Organization, health is the state of complete physical, mental and social well-being. Therefore, considering integrity, whatever is necessary to the preservation or recovery of this health state is included in the ambit of the estate obligations towards the citizens. Even in confrontation to the reserve of possible clause, this duty does not disappear, because, once offering activity inherent to the preservation of human dignity, it surpasses the Administration s secondary public interest