Se configuraría la teoría de hechos cumplidos en tratándose del derecho fundamental a la salud?

Abstract

In Colombia, in spite of not having a signed contract, in order to guarantee the continuity in the provision of the health service, it would configure the theory of the fact fulfilled?. While it is true that the facts complied with are consolidated when obligations are acquired, without legal support to support them, that is, the obligation is written up, and when such a formality exists; Prior to its execution, minimum and legal requirements have not been met in its creation, such as the previous budgetary reserve, it is also true that the configuration of facts fulfilled in terms of health service delivery is not possible, since fundamental rights would be violated of the beneficiaries of the system and would jeopardize continuity in the provision of the essential public service. The above due to the imperative constitutional obligation to continue with the provision of the health service to users; In cases in which the patient's life is imminent risk, which can not be suspended due to the non-observance that the officials make of the precepts that regulate the matter. This is why this research is intended to identify cases in which contractors accept the provision of a service, knowing that they are acting without the protection of the legal system and later they take advantage of their own fault, to request that they are reinstated what they have lost as a result of violating the Law.