A responsabilidade civil do estado em relação à omissão quanto ao saneamento básico frente ao surto de zika vírus em salvador-ba.

Abstract

The right to health is a fundamental guarantee recognized in the Federal Constitution of 1988, where the Magna Carta attaches to the State's duty to guarantee it through social and economic policies that aim to reduce the risk of disease and other ailments. Back in 2016, Brazil was surprised by an outbreak of comorbidity Zika virus, transmitted by a mosquito Aedes aegypt, where, among many harmful effects on health of whom the contracts, can cause microcephaly in unborn children. This situation has become a national epidemic, having as an aggravating circumstance the rapid proliferation of the mosquito transmitter, considering their reproduction and development in the context of stagnant water and accumulation of garbage in places where there is no basic sanitation, facilitating the accumulation of mosquito breeding sites. The present article aims to analyze and discuss the civil liability of the State as regards the omission regarding its duty to provide an efficient basic sanitation for the population, correlating this panorama to the outbreak of zika virus. For both, it is intended to address the topic focusing on the damage that the bitter society with the disease in comment, pointing out the difficulties caused by the symptoms of the disease. Retrospectively, it will be portrayed the civil liability of the State, when talking on the theory of administrative risk and the theory of the entire risk. In addition, it will be discussed the problem of sanitation in Brazil, while there will be an analysis on the relationship of state omission regarding the reorganization and the outbreak of zika virus, so that we can assess the civil liability of the State regarding this issue.