A terminalidade da vida e a morte digna como direito fundamental no contexto brasileiro

Abstract

The proposal of the present monography is to stand out the preservation of the human dignity during the death process, justifying the need of the garantee of this value on the possibility to legitimize the practice of acts to end life, as euthanasia. Therefore, the problematic is about the limits that the State put on his citizens with a healthy state of permanet sufuring and the power of decision of this people. During this way, is going to have a resume of the death process during the history of the human civilization until current days, presenting the differents points of view of philosophers and the legal science. Besides, this monography is going to relate the right to die as a consequence of the right to live, under the interpretation of the brazilian constitution. For that, will be presented the differents sides of dignity, as autonomy and heteronomy, besides the inumerous principles that envolves the right to die with dignity. For the comprehension of the possibilities to decriminalize the euthanasia, will be shown the arguments against and in favor of the process, as will be demonstrate the many ways to put end of live and the laws about it, in Brazil and internacionaly. As methood, was used a deductive path with a lot of bibliography about the theme to discuss if it is possible to legalize the euthanasia having as bases the brazilian Constitution, the human dignity, the selfdetermination and the liberty of the terminal pacient.