Ordem de não reanimar: uma análise do conflito entre a bioética e o sistema jurídico brasileiro

Abstract

The present paper proposes to carry out an approach regarding the conflict between Bioethics and the legal system in the application of the Order of Not Resuscitation in the Brazilian legal panorama. The study aimed to analyze the situation from the perspective of fundamental rights consolidated by the Federal Constitution of 1988, with emphasis on the right to life, dignity and autonomy. Discussing, also, about the apparent conflict between Bioethics and Brazilian fundamental rights. It brought the importance and risks of cardiopulmonary resuscitation maneuver. Another issue addressed is about the supposed hierarchy between the fundamental guarantees, in which the right to life would override any other right. It sought to understand to what extent the right to life may or may not restrict other rights. Therefore, this descriptive and explanatory study used bibliographic and documental research by the hypothetical-deductive method with consultation of scientific articles, regulations and relevant legislation. It was concluded that the issuance of a Do Not Resuscitate Order is purely an expression of the patient's autonomy in search of the enjoyment of their dignity.