Objeção de consciência e aborto: uma análise ética e jurídica

Abstract

The current study discusses the issue of conscientious objection to legal abortion in Brazil under an ethical and legal analysis. Although legal abortion is provided in Brazil in cases of pregnancy resulting from rape, risk of women's death, and fetal anencephaly, it is common for health professionals to claim conscientious objection against performing it. Conscientious objection is the right of an individual to refuse to comply with an imposed legal obligation that is incompatible with his or her conscience. The problem is that, on one hand, health care professionals cannot be discriminated against for their religious, philosophical, and political convictions, on the other hand, they have a duty to respect patients' rights and provide health care services appropriate to their duties. The objective of this study is to clearly define the treatment of the objection given by Brazilian law, critically clarifying the legal, ethical and social interpretations on its concept and application, by using a descriptive-exploratory and normative methodology. There is a chapter on abortion, one on conscientious objection, one on bioethics and biolaw, with ethical and legal pondering on the theme, and one on practical problems and proposals. The study uses three main bioethical views regarding conscientious objection, pondering on its application in the light of legal norms and principles, applying bioethical principialism, the Code of Medical Ethics and the current law in the country, to the problem of conscientious objection to legal abortion. Finally, the study established that the Brazilian legal system seeks to reconcile the rights and duties of the health professional and the rights of the patient, providing limits to conscientious objection and endorsing the compromise view, but such limits have not been adequately respected and changes must be pursued to ensure women's right to legal abortion.