Can I sue the government if I get sick?
Posted on 15/4/2021
The so-called "tort law" essentially seeks to obtain reparation for the damage caused by violating a contract or by violating some general duty of care. This can be summed up in the phrase "whoever causes damage must repair it." The subject is more complicated than that, but for the purposes of this collaboration I leave it there since I do not like to throw legal stuff and I do not write for my colleagues, but for non-lawyers, with the aim of exposing legal issues in a simple and clear. The repair of the damage can be claimed between individuals, but it can also be claimed from the state, be it the federal, state or municipal government. I will deal with the claim for damages to the state, which, when it comes to the issue of our health, has a general duty of care that is elevated to the category of human right in Article 4 of the General Constitution. In other words, when it comes to the human right to health, we are not talking about just any right, but one that is given so much importance, which has been recognized in our Federal Constitution.