THE CHOICE OF SOPHIE: : AN ETHICAL AND LEGAL APPROACH IN PANDEMIC TIMES

The expression “Sophie's choice” defines the imposition of making a decision under pressure and enormous sacrifice. The COVID-19 pandemic caused a worldwide crisis, characterized by the scarcity of resources, making Sophie's choice present in the reality of public and private hospitals. Given this scenario, the purpose of this article is to address and analyze ethical and legal aspects of Sophie's choice in times of Pandemic. Ethics must be based on the principle that to deny human rights is to destroy our humanity. In analysis of the applicable international human rights diplomas, there is no legal justification for adopting a priority medical care scheme in the context of a pandemic that takes into account the possibilities of post-treatment life. We conclude that the establishment of objective criteria for “Sophie's choice” in the context of the pandemic COVID-19 violates both ethical precepts and general human rights principles