Desobediência civil à luz dos referenciais da bioética

Abstract

Is it possible to establish relation between Civil Disobedience and Bioethics Ground Principles, since the aim is justice search or maintenance? We think that the correct answer is “yes”. Since early times, search for a fair life is essential to human being and, if it is necessary, citizens can and must do this through Civil Disobedience, mainly if Bioethics ground principles are used together. So, the principal aim of this study is to show Civil Disobedience institute, as a factual instrument to obtain or maintain justice, under Bioethics focus, relating it to Bioethics Ground Principles. We intend, based on philosophers’ and scholars’ ideas and on real characters attitudes that showed Civil Disobedience as a way to make justice concrete, to confirm that the union of these two Science areas– Law and Bioethics – permits deep analysis on several subjects. Among them, the study shows the possibility of Law institutes serve effectively as a way and support to obtain justice, like a real form of "making Bioethics”, which might be understood as an indicator of the ethical way for present and future generations. The reflection about the justice right, as well as ethic and fair laws, led to the concern of identifying institutes that could be used as a support to citizens when they are under unfair situations, even if these situations grown up on legal bases (i.e. produced from law or legal standard emanated from the Constituted Power representatives). In this search, we reached Civil Disobedience. In parallel, motivation of a more and more ethic life necessity and the possible application of Bioethics Ground Principles came to light the wish of relating them to Civil Disobedience, the legal institute chosen for the composition of this study. The certainty on subject choice came over because it is still little boarded in itself. Besides, it was not found any allusion to Civil Disobedience and Bioethics Ground Principles relating each other. The method used for the realization of this paper was the exploratory bibliographical research, together with insertion of critical analysis on the investigated material, as well as relation development between the two elected institutes, i.e., Civil Disobedience, on Legal universe, and Bioethics Ground principles, on Bioethics world. Ideas defended and presented by several philosophers, as well as Civil Disobedience attitudes identified in some Humanity History characters were used as a backdrop. The reflection drove, finally, to the conclusion that Civil Disobedience acts, mainly if associated to the application of Bioethics Ground Principles, can be considered a real way of "making Bioethics”, in its most deep sense, in search and defense of a worthier and worthier fair and happy life for citizens.