Direito fundamental à vida: responsabilidade do Estado pela morte decorrente da COVID-19 diante de ações e omissões de agentes públicos

Abstract

This paper aims to discuss the civil liability of the State for deaths due to COVID-19, when faced with state actions and omissions contrary to the recommendations of scientific bodies. It focuses on the fundamental guarantees provided for in the Federal Constitution of 1988, especially regarding the right and protection of human life. Starting from an analysis of the right to life, associated with the foundation of the dignity of the human person, as well as the right to health, the duty to promote, by the public authorities, the means of payment to guarantee a life with dignity is emphasized. Once the possibility of state accountability, its evolution, theories and requirements were consigned, the State's civil liability in case of endemic diseases was specifically analyzed and, in the end, a greater focus was sought on the current COVID-19 pandemic. Finally, using the deductive method, with research in news, bibliographic and jurisprudential, to establish a causal link between the conduct of the public agent and the damage suffered by the victims of the disease and it is planned that the State should not be seen as a universal insurer, responsible for all damages occurred in society, as well as outlined as hypotheses in which state actions and omissions would entail the duty to indemnify in the case of deaths by COVID-19.