A responsabilidade civil do profissional de saúde dentro de unidades públicas de saúde

Abstract

The present course conclusion work aims to discuss ways and possibilities for the public agent to appear in the passive pole of the indemnity demand, arising from the civil liability of the State, an institute provided for in Art. 37, § 6 of the Constitution of the Federative Republic of Brazil of 1988. This constitutional provision creates many discussions on the subject since the doctrine and jurisprudence are not unanimous in affirming the passive legitimacy of the public agent at the demand proposed by the victim of the event harmful, as well as regarding the effectiveness of these public agents, through unskilfulness, negligence or recklessness, cause damage to the administered. It also analyzed the precarious conditions to which these professionals are subjected within their work environment, often generating a catalytic effect of illegal conduct, especially in the current context of the pandemic caused by COVID-19, given that the State was not prepare. It is understood that the correct enforcement of civil liability goes much further than just the direct application of legal institutes, but it is necessary to understand the entire health system in which this health professional who committed an illicit act is inserted so action is necessary of the constitutional powers together, resulting in strict law enforcement and bringing social welfare to those administered.