Integração da ética das virtudes com a bioética e o biodireito: uma proposta teleológica de análise ética e normativa a partir da tradição aristotélico-tomista

Abstract

This thesis proposes a bioethical approach that integrates Aristotelian-Thomistic philosophy, virtue ethics, casuistry, and biolaw, seeking to overcome the limitations of moral relativism and non-cognitivism. In the initial sections, moral cognitivism and the possibility of judging human actions as good or bad based on objective criteria anchored in eudaimonia are discussed. In this sense, every human action should be aligned with a final end—human flourishing—enabling an objective assessment of conduct. Virtue ethics, especially phronesis (prudence), emerges as key to moral deliberation. By combining prudence with casuistry, a practical method is obtained for systematically analyzing concrete cases, thus warding off relativistic criticisms in bioethics. By comparing similar cases, it becomes possible to identify moral maxims and specific circumstances, making it feasible to select the most appropriate action. This approach differs from pure principlism, as it incorporates a teleological perspective sensitive to cultural context. Biolaw acts as a normative link, ensuring that ethical reflection finds practical application. By regulating and guiding medical and technoscientific development, biolaw safeguards human rights and ensures that the capacity to achieve eudaimonia is respected. Thus, ethical conclusions cease to be merely abstract and become normative. This is crucial for preventing cases like Tuskegee and the pseudomedical “research” of the Holocaust, reducing the likelihood of such atrocities recurring. The thesis advocates respect for cultural plurality, combined with a contemporary telos filled by human rights, as a central element for building healthy societies. Although international cooperation is necessary, it is essential to consider the specificities of different peoples, making ethical judgments more effective. One of the main tools proposed for analysis is casuistry, which, through millennia-old resources such as rhetoric and topoi, allows different cases to be brought together, highlights common factors, and thus constructs an ethics suited to particular circumstances. In sum, this thesis aims to employ classic instruments, adapted to the contemporary context, to conduct deep bioethical analyses sensitive to the human telos, avoiding the dangers of relativism and ensuring a more solid and humane approach.