Eutanásia no Brasil: possibilidade jurídica, direito à vida e a morte digna

Abstract

This monograph arose from the following question: based on the arguments of 21st century bioethics, to what extent can Brazil legitimize euthanasia? In order to provide an answer, the work addresses the incidence of euthanasia and its modalities based on the principle of Human Dignity based on respect for the autonomy of the will and a dignified death; outlines the most used terminologies on the topic within Brazilian and foreign doctrine; and examines how institutions related to dignified death are treated by the Brazilian legal system and by some foreign countries. Furthermore, it problematizes the applicability of the concept of death, as well as the need and possibility of legalizing the right to a dignified death in its entirety in Brazil. The methodology used bypasses a bibliographical review through the use of articles, theses and dissertations. In addition to these, books in the area of Constitutional, Civil, Criminal Law, Bioethics and Biolaw were used, from which it is concluded that euthanasia has a significant impact on the lives of individuals who demand from society a more active participation in the scope of these discussions, which transcend the legal, ethical and religious issues. Furthermore, respect for the principle of human dignity is considered a right to self-determination. Finally, it should be noted that both in Brazil and in other countries, the government is obliged to make resources available so that a decision is governed by applicable ethical and professional standards, in addition to being essential to encourage public policies aimed at palliative care for patients terminals, as well as providing better conditions for initiatives to be openly debated.