A objeção da consciência do médico em sua relação com o paciente

Abstract

Conscientious objection is a form of resisting to lawful command whose determination attacks the most intimate individual sphere. Originated from the fundamental rights to freedom of thought and freedom of religion, conscientious objection is evaluated in this study as an application by the doctor within their professional relationship with the patient. From the ideal of virtue of the Aristotelian tradition, revitalized by MacIntyre, the doctor's objection is discussed in the context of Western medical tradition and bioethics discussion, particularly according to the ethics and morality of internal medicine, and also in relation to the concept of Well, understood here as the objective pursued by the doctor and the patient in performing a medical treatment. This paper analyzes the legal form and the applicability of the doctor's conscientious objection, in addition to its limitation to protect the two elements of the doctor-patient relationship. Conscientious objection is studied as a fundamental right of the physician in the exercise of their profession, which is able to protect harm to his conscience in the face of his professional obligations and patient autonomy when there is irreconcilable disagreement between their beliefs and the needs and desires of patient regarding the treatment to be established.