THE UNCONSTITUTIONAL STATE OF AFFAIRS AND THE RIGHT TO HEALTH, AN ANALYSIS BASED ON PUBLIC HEALTH PROMOTION POLICIES[1][1] Article presented to the Bachelor's Degree in Law by the Higher Education Unit of Southern Maranhão – UNISULMA.

Abstract

This article analyzes the Unconstitutional State of Things (ECI) in the Brazilian context and the right to health from public health promotion policies. Brazil has consecrated the process of caring for the human being to be the responsibility of the State, the right to health is widely recognized and enshrined by the Federal Constitution of 1988 according to art.196. However, it is worth mentioning that the guarantee of the right to health of Brazilians goes through the three spheres of management. When approaching health from the perspective of the ECI, there is an urgent need for more effective, planned policies aimed at promoting the dignity of the human person and strengthening the SUS, and respect for constitutional principles and the accountability of the State, as the State omissions were evidenced.  The recognition of the ECI, although recent in the Brazilian legal system, is a relevant instrument to pressure the State to comply with its constitutional obligations, breaking with administrative inertia and promoting integrated structural responses for health in Brazil.