Risks of harm to health professionals in the pandemic duties of the State today

Abstract

This article aims to reflect on the appropriateness of the state's civil liability in view of the possible damage suffered by the professionals of the public health system that take daily risks in inadequate protection conditions in combating the pandemic of COVID-19. The analysis of this theme goes through the problems and solutions that the state's civil liability faces today. It is proposed to define new contests regarding the right to damages, with regard to the duties of the state. in the face of the extraordinary condition that the pandemic imposes. In this context, the importance of the principle of protection in terms of its preventive function as a duty to act by the state is highlighted.