Direito à Eutanásia: Uma morte digna como efetivação do Princípio da Dignidade Humana

Abstract

The central discussion of the present work is about the most important asset within the legal system, namely, life, analyzed from the perspective of dignity, together with the right to freedom that each individual has to dispose of their assets. Euthanasia is nothing more than the possibility of influencing the death process, when there is no longer any chance of having a dignified existence. However, even if this is the case, the subject of a multidisciplinary nature will be analyzed under the criminal, civil and constitutional aspect, thus seeking to conclude which is the best way forward in a conflicting situation. The problem involves variable questions, asking whether a terminally ill patient should wait for natural death and not be able to have his life, even in a state of full lucidity, coming to analyze the influence of religion in the current positioning of the legislation. For this purpose, initial concepts that corroborate the understanding of the theme will be presented, the related principles will be analyzed, the fundamental rights of the individual related to the study will be presented, seeking in the end to conclude whether euthanasia is a dignified death or assisted suicide. The methodology used in the present is the hypothetical-deductive method, since this research method presents us with a reliable parameter, and real positions on the subject, thus carrying out a thorough analysis of the relevant legislation and the principles present in the Federal Constitution, always having as its north the constitutional principle of the Dignity of the Human Person.