Incidência de dano existencial coletivo no fornecimento de medicamentos : caso Fosfoetanolamina

Abstract

This study was discencing over a chance and the limits of responsibility civil should be repair for existential collective a rare the case of the environment phosphoetanolamina sintética. This is a research carried out from a review of current scientific production. The thematic was explored from the social commotion generated, dealing with the responsibilities of the procedures and decisions of each sphere of public power that participated in the case. Thus, it was tried to conceptualize the damage as an unlawful act and to hold the public power causing the harm, based on the Federal Constitution, the basic principles of the law, the specific legislations of the health area and the resolution of the National Council of Justice. The results of this study indicated that there was a lack of compliance with legislation and institutional duties, in which the duties imposed on its agents, in a way that especially safeguards the objectives and goals assumed in the Federal Constitution, imposes collective responsibility.