A divulgação pela imprensa de dados pessoais sensíveis de pacientes com a covid-19: um dilema bioético-jurídico no contexto pandêmico brasileiro diante da análise da atuação do Estado

Abstract

The present study intends to analyze how to solve the legal bioethical dilemma in which the mitigation of personality rights is justified by the pedagogical character and freedom of expression circumscribed in the intentional press release of personal and health data of patients infected with COVID-19 in Brazil, considering the responsibility of the State for not properly designating public health policies to combat the advance of the disease in the country. For this, it was found that the bioethics of intervention is the ideal direction of the discipline for the analysis of this problem with a latin american focus, since it promotes a decolonial logic of bioethics, in which the macro social problems of peripheral countries are examined, as well as the social otherness and cultural diversity of this conjuncture are observed, from the perspective of the primacy of human rights. Futhermore, the arguments for and against the two implied positions in the aforementioned legal bioethical dilemma were appreciated, obtaining both a perspective guaranteeing personal rights as fundamental human rights aimed at human dignity and a vision that presents freedom of expression and the role of the press towards the new coronavirus pandemic as the exercise of a function that tries to provide information services that were neglected by public authorities. Then, a reflection on education and law is carried out from a perspective of the bioethics of intervention with a view to a possible expansion of a emancipatory and liberating social process, as well as the State responsibility for the consequences triggered by the mismanagement of the COVID-19 pandemic in Brazil is observed. Finally, it was concluded that the freedom of expression and the pedagogical purpose of the spread of personal data by the press are insufficient to justify the harm to personality rights, also as it is up to the State to provide and enable alternative public policies that aim to protect health and a dignified life, through information, especially in light of the current scenario, of facing a pandemic with deplorable results for human life