Fundamentos constitucionais da bioética

Abstract

Bioethics, a neologism created in the 1970´s by Van Rensselaer Potter, as a branch of practical ethics, wants to assert itself as a new subject which establishes parameters to questions related to life, always expanding the social grounds for discussion whenever there is abuse, arising out of technical or scientific progress, to the detriment of human beings. Notwithstanding the principles inherent to bioethics itself, there are principles in the Brazilian Constitution that must be used in order to lay a foundation for decision making that envolves life, nontheless avoiding the possibility of one´s stating that there is an appropriation on the part of the judicial world of bioethics, but looking for and finding a way of making it effective through judicial arranging instead, and by so doing tutoring a legal right which no human being has the right to dispose of, which is life. But, such fundamentals that subsist through the principles inserted therein cannot be envisioned as things/objects to be used in view of dogmatic thought which becomes explict through the adoption of classical hermeneutics but by recognizing a new stance instead which will occur on the basis of philosophical hermeneutics as evolved from the thoughts of Martin Heidegger e Hans- Georg Gadamer. Under such stance the constitutional groundwork is recognized as a possible condition for bioethics, but presenting itself as “Fundamentals without a background”, once they only happen on account of a previous meaning manifestation which will become evident in contrast to the verification that its possibility only comes to be when based on a comprehension process that occurs through linguistic turning, whereupon the interpreter is first going to apply his pre-comprehension and yet always applying it.