Ishikawa, Lauro2024-11-272024-11-272022CAVALCANTI, Daniele Melo. O direito à saúde no Brasil em estado de inconstitucionalidade permanente 2022. 128 f. Tese (Doutorado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/477The present work brought considerations about the constitutional theoretical instrument called the unconstitutional state of affairs (ECI), with emphasis on the current situation of the Brazilian health system. We highlight the judicial decisions already published in Brazil in this regard, as well as the original case of Colombia. The feasibility, probability and even necessity of the declaration of the ECI in the Brazilian health system were outlined. This theory is reflected in massive violations of fundamental rights that are fully foreseen, persistent and where structural disputes are present. Although there is a relative and consolidated legal and legislative framework regarding the means of guaranteeing fundamental rights, it is not difficult to verify the precariousness in the execution of public policies that guarantee good health in Brazil, in which people have their dignity violated due to the lack of effective care. of their rights, together with this, we have a State that is omitted or with severe difficulties to make the change of these adverse realities viable. Rationally and constitutionally, this is inadmissible and reveals the existence of structural flaws with regard to public policies, which could lead to the declaration of the ECI. With this contextualization, the main purpose of this study is to highlight the Unconstitutional State of Things in Public Health in Brazil, along the lines of what was declared in the Allegation of non-compliance with a fundamental precept regarding the prison system, and the Brazilian penitentiary issue, in addition to proposing an equivalent application in the horizon of the Brazilian health system. To do so, it is based on approaches from the literature to build a theoretical line that has neoconstitutionalism, public policies, activism in the Judiciary and, finally, the Unconstitutional State of Things as its thematic axes. With the study, the contributions of the Court of Colombia to the Institution of the Unconstitutional State of Things are reiterated as very positive, which opened in Brazil theoretical precedents capable of activating an action by those responsible in the face of the need to change the directions and parameters regarding the blatant violation. and inconsequential of such important fundamental rights and that, by itself, imposes itself in the constitutional context, proving to be of high necessity the declaration of the ECI in the national health system.ptDireito à saúdeEstado de coisas inconstitucionaisViolações sistemáticasSistema Único de Saúde