Dialogue between health and law in pandemic times in Brazil

Abstract

In Brazil, pandemic has risen problems of absence of public policies. Serious social inequalities prevent social isolation and administrative policies are contraditory and limited by the Judiciary Power. This problem analysys has the assumption of non-flexibility of bioethical principals. In this sense, principlist bioethics ensures the medical obligation of beneficience and non-maleficience principles for treatments based in scientific researchers and with informed consent. The Latin American bioethics of protection is presented as a way to protect the vulnerable of threats to their own existence, aiming at training to exercise their autonomy (Resolution number 41, october, 31, 2018). Fraternity as a legal concept aims to ensure every right and not only an existential minimum. In its turn, biopolitics practics, in life and death exercises on dociles bodies, manipulable by policies exercised in a dubious, arbitrary and insecure manner, restricts fundamental rights such as freedom, without the counterpart of ensuring, in advance, social rights. Rights must be recognized without discrimation by age or historical moment, with broad participation in the decision of one's own body. The contribution of bioethics seeks to avoid the lack of protection provided by biopolitics.