Desconstruindo a bioética principialista pela ótica dos direitos dos vulnerados

Abstract

The objective of this thesis is to theoretically demonstrate the feasibility of deconstruction of the principalist and US model of bioethics for the Brazilian environment based on the theoretical matrix of human rights decolonial thinking, based on the ideas inaugurated by the "Modernity / Coloniality" movement. This strand transcends the post-colonial Latin American critical tradition of tradition, problematizing, from 2000 onwards, the old (and new) problems of Latin America in relation to the universe of human rights applicability, delimiting research to the panorama of the deconstruction of the individualistic bioethical paradigm for the effective protection of humans in environments of vulnerability, such as Brazil. Through a systematic review of the literature, it is sought above all in Latin American bioethicists who oppose the uncritical application of bioethical principialism in order to propose models that seek to protect the rights of collectives that have been violated in Brazil, marked by social, environmental, cultural heterogeneities , economic and other singularities that determine the emergence of the revision of biojuridic norms so that the realization of the existential minimum is a condition of possibility when applying bioethics. As an example, in order to confirm the hypothesis proposed, research is based on the models already proposed in bioethics and health research, namely: Bioethics of Protection, by Fermin Roland Schramm and Miguel Kottow; Bioethics of Intervention, Volnei Garrafa and Sanitary Bioethics, by Jose Roque Junges. With the research, therefore, it is envisaged to bring to the scope of legal analysis, the debate on what bioethics is necessary for the Brazilian environment, considering as a condition of possibility for the deconstruction of principialism the concretization of the human right to health, from the collective point of view rather than merely individual.