As representações da morte no meio ambiente cultural e sua influência na efetivação dos transplantes de órgãos: por uma justiça social em termos de cidadania

Abstract

Biotechnology has brought about great transformations in health, disease, and death, and its influence has modified concepts and the cultural environment. The rites of death from the past, which took place in the family and the community, have shifted to hospitals and intensive care units, so that death has become inverted, or medicalized. Technology has allowed a step to be taken back from death, and the prolonging of life, especially in the modern organ transplant techniques. Controversial all over the world, the moment of death has unparalleled significance for society, as it is an uncertain and complex process that requires legislative determinants. Reflection in the ethical, legal, and biological sphere on death is of great current significance for the community in general and for those waiting for organ donation to recover their health and life. This study focuses on comprehension of the concept of health and social representations of death, and how they excise influence at the encephalitic moment of death, which is essential to the removal of vital organs for transplant. The study, respecting the principles of justice, autonomy, and beneficence, bioethical concepts regarding constitutional principles and reflected on in the light of the Brazilian Federal Constitution 1988, the Universal Declaration of Bioethics, and specific legislation for transplants, indicates the possibility of integration with the right to information, in an attempt to reflect on a new concept of citizenship. The fulcrum of the study is the principle of human dignity, as the formatter of a new concept of citizenship in regard to health, disease and death in post-modern times. It is of relevance to society living through conflict and uncertainty over the possibility of access to organs needed to cure serious and fatal diseases. Finally, it analyses the responsibility held by health assistance as a duty of the State and its onus on society, concluding with some solutions for the health environment and for a life of quality both for those who are at the end of their lives and those receptors in waiting; all people with fundamental rights protected by the Brazilian Federal Constitution.