Decisões judiciais no campo da biotecnociência: a bioética como fonte de legitimação

• Autor(a) principal: Vilardo, Maria Aglaé Tedesco
• Data de Publicação: 2014
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/7734
• topic: Clinical bioethics; Biolaw; Existential rights; Judicial decisions; Morals; Law; Bioética clínica; Biodireito; Direitos existenciais; Decisões judiciais; Moral; Direito; CNPQ::CIENCIAS DA SAUDE::SAUDE COLETIVA

The thesis analyzes judicial decisions rendered in clinical bioethics cases, specifically requests for permission to termination of pregnancy of anencephalic fetus, freedom to refuse the imposition of blood transfusion procedure for Jehovah s Witnesses because of religious belief, and the change of name and sex with or without the performance of sex reassignment surgery. The choice of these three types of cases brought to the Judiciary for trial was due to their being issues characteristic of existential law, that have an impact on the individual Being, on his very personal rights. For that, 84 judicial decisions were analyzed, through the appropriation of the Beauchamp and Childress Principles theory and the analysis of each decision as to the application of the four Principles that it develops: respect for autonomy, non-maleficence, beneficence and justice. The result of the analysis showed that using the four principles, specifying and pondering them, the judge enters decisions of liberal intent. When he does not use the Principles or when he crosses the limits of their application, the judge enters decisions for conservative intent. Judicial decisions of liberal character are stripped of prejudice and moralism and allow respect for individual rights without neglecting the rights of other members of society. Conservative decisions are based on the literalness of the law and violate individual rights, without adding security to society. The appropriation of the biomedical ethics theory by biolaw represents a safe and effective method for the entry of judicial decisions in clinical bioethics cases and leads the judge to fairer decisions, for being supported by good reasons