As condutas e responsabilidades médicas em face do princípio da autonomia do paciente

Abstract

Bioethics, a term that was coined for the first time in 1970 by the North American oncologist Van Rensselaer Potter, is a multidisciplinary science with the purpose of discussing varied aspects of the human life, raising the man on the top of the pyramid to decide regarding the conduct that is more appropriate, convenient and constructive for his own life project. The will autonomy, as the marker principle of the life science, is the feasible mechanism that will provide the best choice to reach the objectives of the person's accomplishment. The BioLaw, for its turn, derived from the bioethical perspective, is considered like a regulator device of the scientific progress, with the special objective to protect and to check safety to both the health and life, either human, animal being or vegetable. The Biotechnology and the Biotechnoscience with immeasurable progress offer, in short time, resources so that the man can have a better quality of life. But the scientific productions, not all of them salutary and convenient for the human being, need regulation. The BioLaw accounts for the juridical reading, as a parameter of the constitutional principles, among them with relevance, the human being's dignity. In the linking of the Bioethics and BioLaw, it is searched the answer to the issues that sharpen and challenge the man not yet prepared and who does not have promptly a definition on the acceptance or rejection of conducts that can break the ethical consensus or the use of techniques incompatible with the expectation of the individualized life. Several themes will cause further social, ethics, cultural and juridical changes among research such as: research involving adult and embryonic stem cells; different approved techniques for the accomplishment of medically assisted procreation; the substitutive maternity; the genetic patrimony; the synthetic cell; the understanding of the recombinant DNA; the allowed abortion, anencephaly fetus and the woman's procreative option; the transgender surgery and their consequences in the civil life; the scientific research with human beings and the CEP/CONEP System; the therapeutic and scientific cloning; the blood transfusion and the right to the faith faced with the right to life; the right to death dignity and the palliative cares provided by euthanasia, disthanasia , ortothanasia and assisted suicide; the homoaffective relationship and their legal implications; the Inventory for Elderlies and the longevity; the donation and transplantation of organs and human tissues; the beginning and the end of human life, and others. The present work aims to demonstrate the reach of the autonomy of the human will facing with new presented challenges. Or if the volition, in the extent of its individuality, with the burden of the rational, by itself, has effectiveness to reject or to accept the scientific progress.