The right to health and access to icus in pandemic times: The case of the municipality of fortaleza (first wave of covid-19)

Objective: the article deals with the fundamental right to health and access to intensive care units – ICUs in the pandemic of COVID-19. The central core situation is the possibility of reconciling the right to equal treatment in access to ICUs with the maximization of health benefits. The research has as its outline the city of Fortaleza, capital of Ceara, analyzing the period from March 1, 2020 to June 19, 2020 and the access criteria to ICUs adopted by the current municipality. Methodology: the research is descriptive and exploratory, with analysis of doctrinal texts, normative acts and empirical data and based on deductive reasoning. Results: in Fortaleza, the criteria stipulated by CFM Resolution No. 2,156/2016 are applied, adapted to the previous aspects of the local health service. The disease causes more serious damage in neighborhoods with low HDI, as found. The option for a single line of access to beds, public or private, in the pandemic experienced, reveals itself as a mitigating measure of the imposed social inequalities, however, there are great difficulties for its implementation. Contributions: the main contribution of the work is to draw attention to make the right to equal treatment compatible with access to ICUs with the maximization of health benefits, emphasizing the analysis of the criteria for access to ICUs adopted by the Municipality of Fortaleza during a pandemic and regarding the need to implement public policies that mitigate social inequalities. © 2021, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.