A doença renal crônica como deficiência e sua tutela jurídica

Abstract

Chronic Kidney Disease (CKD) is a condition that affects the kidneys, vital organs responsible for filtering waste from the blood. When the kidneys do not function properly, these wastes accumulate in the body, generating several negative impacts on the physical and psychological health of patients. As the disease progresses, difficulties arise in carrying out daily activities, reducing patients' social participation. CKD is divided into 5 stages, and the focus should be expanded to stage 3, when there is a loss of 50% of the kidneys' filtration capacity and the health condition worsens. In stage 5, the negative impacts are already irreversible, requiring renal replacement therapy (kidney transplant, hemodialysis or peritoneal dialysis). The lack of knowledge about CKD increases the impact on patients' lives, directly affecting their socioeconomic conditions. Society needs to act preventively to stop the spread of the disease, making the population aware of its risks and encouraging prevention measures. With the historical evolution of the rights of people with disabilities, there has been a change in the standard of knowledge in which people with disabilities are now analyzed, not only according to medical standards, but also social standards, creating the biopsychosocial model. In this way, groups of people with disabilities that were not included in today's model are now included. In view of the above, a person with chronic kidney disease must be characterized as a Person with Disability within the parameters of the International Convention on the Rights of Persons with Disabilities and its Optional Protocol (CRPD), and the Brazilian Inclusion Law – Law 13,146 of 06 July 2015 (LBI). With inclusion in legal scopes, these patients can be protected to the point of being able to exercise their citizenship and social inclusion on par with other members of society. Through this study it was possible to analyze the entire historical evolution of people with disabilities, the paradigm shifts from the medical model to the social model, current legislation, in addition to aspects related to the health of people with chronic kidney disease and the consequences of the disease on their life, as well as their classification as a person with a disability and their legal protection. To develop this research, the hypothetical-deductive method was adopted, which is based on bibliographic and documentary research through specific legislation on the topic, books and scientific articles in the area of law and health. In this way, it was possible to verify that chronic kidney disease presents several negative outcomes in the patient's life, such as reduced quality of life, loss of work capacity, social isolation, water and food restrictions, among others, causing obstructions to their full and effective participation in society, that is, people with CKD in interaction with social barriers must be considered people with disabilities from their 3rd stage. An integrative literature review study was also carried out in which the bidirectional relationship between CKD and the high unemployment rate became evident.