O direito fundamental à vida: uma breve revisão bibliográfica sobre o tema e apontamentos sobre suas restrições à luz de julgados do Supremo Tribunal Federal (ADI 3.510, ADPF 54 e HC 124.306/RJ)

Abstract

The present work aims to present a study on some precedents of the Federal Supreme Court regarding the effectiveness of the fundamental right to life. It is understood that life is the most primordial and fundamental good of the human being, because without it there is no need to talk about rights, not even the fundamental ones, where the right to life is inserted, because without life there would be no recipients for these rights. Based on this “understanding”, every human being has the right to life, that is, the right to live and not only that, they have the right to a full and dignified life, where their values and needs are respected. Although the right to life is a fundamental right for human existence, it is not an absolute right, in fact, no right is. As a result of this relativity of the right to life and the purpose of understanding some decisions of the Federal Supreme Court that deal with the subject, we will focus on three important judgments of the Supreme Court, which were ADI 3.510 (use of embryonic stem cells in scientific research), ADPF 54 (interruption of pregnancy in cases of anencephalic fetus), and Habeas Corpus 124.306/RJ (voluntary termination of pregnancy in the first trimester). Where we will observe that the STF decided that in none of the judged cases there was the relativization of the fundamental right to life to the detriment of another right, what happened was the balancing and use of the principle of proportionality, using weighting and harmonization to resolve conflicts between fundamental rights, according to the specific case presented. It also seeks to list some situations of restriction and finitude of the fundamental right to life, such as the cases of abortion, the death penalty and euthanasia. These finite situations, with the exception of euthanasia, were the object of the judgments that will be analyzed in our study. Having judged these, they presented interpretations and understandings that broke paradigms and began to guide the decisions of the entire Brazilian judicial system.