THE CIVIL LIABILITY OF THE STATE FOR OMISSION OF FUNDAMENTAL HEALTH RIGHTS IN TIMES OF THE NEW CORONAVIRUS PANDEMIC

• DOI: 10.22533/at.ed.2163152304078

• Palavras-chave: Fundamental rights. New coronavirus. Pandemic. Health.

• Keywords: Fundamental rights. New coronavirus. Pandemic. Health.

• Abstract:

  The COVID-19 pandemic, caused by the new coronavirus (SARS-CoV-2), has shaken the Brazilian health systems, causing high mortality rates, in addition to having social, economic and political impacts. Thus, the main objective of this work is to identify the limits of civil liability of the state in the face of omissions to the fundamental right to health. The secondary objectives deal with the historical context of the civil liability of the state, its requirements in the legal scope, as well as omitted conducts to the fundamental right to health of the state in the face of the COVID-19 pandemic. The methodology consists of a bibliographical research, with an approach qualitative, marked by the authors BARBOSA (2020); OAK (2021); DIAS (2001); MEIRELLES (2007); MELLO (2003);

  RIVERO (1981); STOCO (1997); VENOSA (2013), considering the interpretation of the legal phenomena of civil liability for enabling a better investigation of the research problem. It is concluded that investment in public policies is essential to qualify health professionals to work more effectively to prevent the contagion of the new coronavirus and in cases where there is an omission of the state in which it must have done something that it did not do, it must indemnify the victim or his family to compensate for the damage.