A responsabilidade extracontratual do estado: caso das UTI’S neonatal

Abstract

The present research focuses on the analysis of the legal model on the State's non-contractual liability in the provision of public services, observing the cases of NEONATAL ICUs. In this context, It was used as a research method a review of the existing literature on the topic. The purpose of the research lies in the constitutional protection of the right to personality, health, life, honor and image as a fundamental right, so that the State is responsible for the supply of goods or the provision of necessary services for the newly born, then those rights should be safeguarded. therefore, it seeks to demonstrate that regardless of constitutional protection what happens is quite different. Starting with emphasis to be given to the work by the absence of Intensive Treatment Units - ICU'S, given that the State does not have Enough Beds and there are children who end up dying for it. Finally, remain in evidence the State's responsibility for the amount of children who end up dying, lack of care and treatment that should be offered by the State