Eutanásia: a relativização da indisponibilidade do direito à vida à luz do princípio da dignidade humana e da liberdade

Abstract

Encourages discussions about controversial themes as related to the practice of euthanasia, on the same perspective from the one adopted by the Brazilian legal system, but focusing on the relativization of the unavailability of the right to live in relation to constitutional principles, respecting the dignity and freedom of the incurable diseased giving it the right to choose a "good death". This paper discusses about some essential concepts such as, obviously, the euthanasia and even the orthothanasia and dysthanasia. As a consequence, it also shows when the death actually occurs to Medicine and to Law as well. Besides, analyzes the legal and criminal consequences of this practice in Brazil and the legal treatment given to it in some foreign countries. It considers the issue of consent of the patient to attribute the fault or not to the agent. Finally, it concludes by discussing the legitimacy of the practice of euthanasia based on the constitutional principles having as paradigm the human dignity and freedom of self-determination to show some positive aspects that this practice is able to proportionate looking to the "right to a good death" as inherent to human dignity in certain circumstances well restricted, where this dignity is threatened. It still presents the question of the autonomy of people with Alzheimer's disease and as consequence the authorization of the practice of euthanasia in advanced cases of this illness, because it is a curious and polemic topic that is rarely spoken by society.