Eutanasia

Abstract

The main goal of this study is to investigate euthanasia as a legitimate means to achieve a dignified death for the terminally ill patients that, according to medical science, have no chance of cure. It is known that in current Brazilian law, the practice of euthanasia is considered a crime by the Criminal Code - Decree-Law No. 2848, of December 7, 1940, and can be typified as either Homicide (Article 121), or as Induction, Instigation or Assistance to Suicide (article 122). Article 5 of the Brazilian Federal Constitution of 1988 states that life is an inviolable right and, because it is inherent to the human condition, it is also inalienable. In this context, the assumption is that life has an ample protection in the Brazilian legal system, supported directly by the dignity of the human person, the fundamental foundation of the Rule of Law - Federal Constitution's article 1, III. Therefore, it is believed that life should be lived with dignity and that it should be a right, not a duty. In support of the proposed thesis, the inductive and bibliographical methods will be applied, seeking to describe the types of euthanasia, the relevant legislation, and to analyze the main authors dealing with the theme, and, finally, to make a comparative study. Art. 2º- O doente continuará a receber todos os cuidados necessários para aliviar os sintomas que levam ao sofrimento, assegurada a assistência integral, o conforto físico, psíquico, social e espiritual, inclusive assegurando-lhe o direito da alta hospitalar.