The constitutional principle of the integrality of health assistance and the law project n. 219/2007: interpretation and applicability by the Judiciary Power

Abstract

This article intends to analyze the 2007 Law Project n. 219, from Federal Senate, whose authorship is Senator Tião Viana (PT/AC). This project intends to change the article 6th. of the Brazilian Law n. 8.080 (September 19, 1990) in order to define the concept of integrality of the health assistance, by reducing it to the offering of procedures and medicines included in the public politics of health. This work also intends to analyze: a) the historical construction of the right to health in Brazil; b) the application of the constitutional principle of integrality of health assistance by the Judiciary Power and (c) the conflict that exists today between judges and public managers of health and d) to discuss the implications of a restrictive definition of such principle for a law originated in the Parlament that intends to solve the mentioned conflict.