Direitos humanos: uma análise doutrinária com enfoque em biodireito e o acesso á tecnologia assistiva.

Abstract

This study consists in a critical investigation based on the biolaw and bioethics, in view of the realization of the human person’s rights. Thus, to achieve this goal, it seeks to ascertain the context of advances in biotechnology, while apt field to favor the quality of life of people with limiting diseases of the locomotor system. The approach method used in this research is the deductive, as much in the way of immediate conclusion, as mediate. Since this is a matter of human rights, specifically of life quality and warranty to the principle of human dignity, we subtract, in a direct way, the veracity of the existing premises. But, also, in an indirect way, based on the junction syntheses developed during the study, specifically about the practical application and effectiveness of these rights. Regarding the procedure adopted to search findings during this research, we used the bibliographic, judicial and historic methods. Regarding the technics used in this procedure, we deal of indirect documentation, with data collection on the subject. Thus, assuming the principle the need to respect the quality of life and human dignity, we seek to examine how the current Brazilians public policies have favored/enabled the accessibility for people with physical disabilities or reduced mobility, promoting human rights. Therefore, we see the need to understand access to these technologies as a subjective right, as well as highlight the State as holder of the obligation to promote social inclusion in a more strongly way.