Ética, política e biodireito: alienação política e tecnocracia na produção legislativa do biodireito no Brasil

Abstract

The irruption and consolidation of science and technology as a disruptive and even revolutionary element had on human action an effect that was both comprehensive and expansive and whose interrelations with ethics, politics and the phenomenon of political apathy present in the subject Western societies to the crisis of modernity and its influence on the legislative production of bio-law in Brazil are not yet perfectly delimited and it is the task for which the present investigation is turned. The analysis of the assumptions of each one of the visions is presented to allow a later analysis of the degree of success that each presented in defining the ethical limits of a technological society. Also at this first moment, the characteristics and the foundations of an ethical model are analyzed that intends to have a commitment with the future from the perspective of Hans Jonas's principle of responsibility based on the recognition of the risk that the human action magnified by technology can represent for nature and for man himself. In a second moment, still questioning the role of the technological revolution on human societies, we begin to analyze its influence in the political context, in the context of the life of man in society, where apparently the same disjunctive process observed in relation to ethics also presents itself in relation to politics. This hypothesis is analyzed from the point of view of the crisis of modernity, where it is argued that the technological revolution served as an accelerating elemento and where a process of political apathy is identified that reduces man's interest in political action exactly at a time when this to act is more necessary in view of the biotechnical neutralization of the difference between man and his technological artifact, implying a reductionism and self-subjection that must be regained normatively. Finally, the investigation will direct its attention to the scenario of the legislative production of the bio-law in Brazil, based on an analysis of the informatory and axiological assumptions that guide it. The normative role of bioethics and bio-policy are questioned in view of political alienation and the spread of scientific rationality in all fields of society and whose repercussion in the legislative production is manifested in the preponderance of the technical debate to the detriment of the political debate and where the assumptions and axiological foundations typical of the technocratic model and the philosophy of ingenious technology. Moving forward in the discussion, it will be argued that the model adopted by the legislative production of biodireito points to the identification with the Foucaultian biopower and the service of a biopolitical strategy of control. Finally, it is intended to suggest the adoption of an ethical and politically feasible model of legislative production compatible with a technological society, plural and axiologically neutral, confronting it with the analysis carried out by Edgar Morin and his concept of "cognitive democracy".