Mistanásia de mulheres em situação de cárcere: os aspectos jurídicos da morte social e da negação do direito à saúde nas prisões femininas brasileiras

Abstract

This paper develops an analysis about the right to health in Brazilian women’s prisons from the perspective of Bioethics, through the concept of mistanásia, neologism introduced by the Brazilian bioethicist Márcio Fabri dos Anjos in 1989. There are few studies dealing specifically with incarcerated women, and when it comes to women’s right to health, that number is even smaller. Existing research shows that there is a colossal state omission to enforce social rights in prisons, especially when it comes to women prisoners. It is intended, therefore, to analyze the denial of the right to health of these women from the perspective of mistanásia. It is essential to bring Sarlet’s vision on the dignity of the human person, a key concept to understand the importance of materializing the right to health. It is concluded that the State really practices the mistanásia of women prisoners, provoking social and physical death through the denial of the most basic fundamental rights, such as the right to health. Bibliographic research has been used, based on the doctrine, the legislation and the jurisprudence of the STF. The Portal of Periodicals of CAPES/MEC has been essential to search for articles and theses in foreign language, especially in view of the scarcity of the number of works that deal with the theme in Brazil.