EUTANÁSIA: UMA MORTE DIGNA À LUZ DO ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

The study aims to address the theme of euthanasia in order to verify whether the principle of human dignity is being satisfied when there is the criminal liability of a third party who helps at the time of death. Also, check whether the problem is evidenced in the right that a sick person in their last moments has over their own life, and the possibility of this having a dignified death without delay, without insisting on futile and ineffective treatments. The general objective is to raise a discussion about euthanasia in the Brazilian legal system, given the guarantees of the right to life and the principle of human dignity, to discuss the effects and purpose of euthanasia, evaluating its constitutional adequacy. The specific objectives consist of: addressing the fundamentals of euthanasia and the right to life, liberty, and a dignified death; present the types and concepts of death; understand the concept of euthanasia; discuss the types of euthanasia; analyze euthanasia in comparative law. An analysis of the right to life will be carried out, addressing the possibility of euthanasia in order to guarantee a dignified death to the patient and its relationship with abortion, given that both generate controversy around the determination of the limits of life. Immediately afterward, euthanasia will be addressed in other countries, such as the Netherlands, Switzerland, Luxembourg, Colombia and its application from the perspective of comparative law, considering the position of the Brazilian legal the system, in particular the Brazilian Criminal Law. The methodology used is theoretical bibliographical, consisting of research in virtual books from " My Library" books from the private collection of the advisor, articles, jurisprudence and scientific texts extracted from the internet, in addition, of course, to official legislation on the Planalto website, both laws, and bills and, especially, the Federal Constitution of 1988. Finally, to guarantee the dignified death of the human person, it is necessary to stop considering the right to life as an absolute right, otherwise, orthothanasia should no longer be considered a crime under Brazilian Criminal Law, provided there is the consent of the patient or his/her family