Bioética e direito: biodireito? Implicações epistemológicas da bioética ao direito

Abstract

Facing questions about the materialiste advances of science and technology in society, Van Rensselaer Potter develops an interdisciplinary theory to link biological facts to ethical values Therefore, the Bioethics arises as a new field of knowledge that goes through the Science and Humanities, producing reciprocal effects on its own progress. As an applied social science, Law has a necessary interface with the Bioethics since offers legal landmark for the construction of its discussions. On the other hand, the cross section of Bioethics in Law leads to its repercussion on administrative, legislative and judicial branches. For that reason, this study aimed to examine the epistemological implications of Bioethics in Law, specifically in the Theory of Law and in the Brazilian constitutional process, based on two hypotheses: a) the creation of a new discipline in the Law by Bioethics - the Biolaw; b) the introduction of the dialogic method of Bioethics in Law. The methodology applied included an extensive bibliographic research, including books and articles in databases, and in case studies according to the Public Hearings conducted by the Supreme Court of Brazil (STF). The Discourse Ethics of Jürgen Habermas was adopted as the theoretical reference of the methodology in Bioethics, in association with the theory of Potter. Regarding the first hypothesis, it was demonstrated that the bioethical questions do not received a transdisciplinary approach that are required by the well-established branches of Law. Then, it is still necessary to recognize Biolaw as a new legal discipline since it has object, principles, and its own methodology. Moreover, the developing of Biolaw is still on course, in a pre- paradigmatic stage according to Gérard Fourez's philosophy of science. Thus, it can be assumed that Biolaw is imminent although initial. Regarding the second hypothesis, it was demonstrated that Public Hearings conducted by the Supreme Court of Brazil represent a neutral public space, pluralist, and open to all concerned, including religious opinions. Although they have been introduced in the Brazilian legal system by the Peter Häberle's hermeneutic-democratic doctrine, there is no doubt of its influence due to bioethical inquiries. Thus, it was concluded that Public Hearings are consistent with the dialogical method of Bioethics. For these reasons, this study demonstrated that: a) Biolaw is a theoretical implication of Bioethics in the Theory of Law; b) Public Hearings do not constitute an implication, but a practical comprehension of Bioethics in the Brazilian constitutional process.