publicado em 20/07/2013 às 13h55:00
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Discussions about the right to die, in Brazil, are outdated and compromised

The findings are from a thesis presented by the jurist Henrique Moraes Silver at the Faculty of Law at USP

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Bioethical discussions about the end of life, in Brazil, are outdated and compromised by Manichaeism. These biases affect the construction of guidelines that could treat terminally ill more humanized. The delay in bioethics agenda is blatant says Brazilian jurist and philosopher Henrique Moraes Silver, author of the thesis and infinite Illness: personality rights of the terminally ill patient.

According to the researcher, data from the Ministry of Health show that 74% of deaths in Brazil occur in a hospital environment. With filter cancer rises to 82%, he says. These numbers cause reflection on the idea of ​​natural death in this concept orthothanasia. The term covers definitions that imply an end of living and without unnecessary interference technology. With the possibilities stricken medicine, natural death in time became almost an exception, according to Silver.

In the work conducted at the Faculty of Law (FD) under the guidance of Professor Silmara Chinellato Juny de Abreu, the researcher sought to leave the conventional argument that makes about topics such as euthanasia and futility, which is the prolongation of the dying process. For him, the therapeutic obstinacy terminal patients hurts principles personality rights.

<b> nonsense </ b>

Silver enhances the idea of ​​what would be the appropriate treatment for terminal patients. Caring is thinking the person as a unique being with its individual characteristics preserved, and not invest in depersonalized care as if the patient was only one set of symptoms, says. There is a medicalized nonsense that society imposes to people, along the healthy existence, a substantial increase of the quality factors and life expectancy (Happy) and at the end, difficulties to die with dignity.

Given this paradox, Silver proposes to discuss specific legislation to ensure dignified death to the terminally ill person, and avoid painful procedures and disproportionate, characterizing what is usually called therapeutic futility. Proposes in his thesis reflections based on the concept of ethics of Emmanuel Levinas, which defines not the individualistic common, but with the concept of otherness, in which the face of the other is my own recognition.

<b> Legislation </ b>

Since 2002, the World Health Organization defines palliative care as an essential element of the composition of the patient's treatment in a multidisciplinary approach that guarantees quality. Silver says, palliative care, replaces up hope in recovery by new hopes, as symptom control, the integral well-being and dignity of the patient and also his family. There is no need to speak of shortening life, since that would already be in their natural depletion. It is the quality of life that remains to be guaranteed, says.

The Federal Council of Medicine (CFM), in 2006, provided for orthothanasia and 2012 on advance directives by which the person states his desire about health care future. There is also the 6715 bill, 2009, which deals with the adoption of orthothanasia and palliative care. However, the processing is stopped due to conservative positioning of the Legislature. Silver says that discussions on the topic are apart of the public interest and undermine the analysis of this issue that has serious implications for the NHS. Palliative care is characterized by low cost and high affection, concept much more accustomed to a public health policy, which has its center in the person says.

The study received honorable mention at the Featured USP Thesis Award 2013 in the category of Applied Social Sciences, which was released at the beginning of July. Silver developed the study of the Study Group and Research in Bioethics and Biolaw, coordinated by Professor Silmara Chinellato. The group's interest is to analyze legal issues involving the company in the context of bioethics.

Source: USP
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