LEGITIMACY OF THE PUBLIC DEFENDER TO PROMOTE PUBLIC CIVIL ACTION FOR ADMINISTRATIVE IMPROBITY ARISING OUT OF THE OMMISSION OF HEALTH POLICIES

Abstract

The purpose of this article is to defend the conglobant active legitimacy of Public Defenders for collective and repressive tutelage for administrative improbity resulting from omission in the implementation of public health actions. This is because the collective tutelage attributed to the Public Defenders is broad, without thematic limitations that may prevent the full performance of this institution in favor of fundamentals rights and guarantees in judgment. For this purpose, the study is based on the global exegesis of the Brazilian legal system inspired by the principles of maximum effectiveness of constitutionals norms and of the access to justice: true vectors of interpretative rationazation in the elucidation of the theme. Based on a bibliographical and documentary study, the research was developed under the normativist jus positivist approach, to identify the preponderant or excluding arguments about the legal reasoning that refers to the issue.

Keywords

• tutela coletiva
• saúde
• improbidade administrativa
• legitimidade
• defensoria pública.