A (Não) normatização da eutanásia e o desprezo ao Princípio da dignidade da pessoa humana constitucionalmente garantido

Abstract

The process of dying or the suppression of life is not a subject of easy approach and management, however, it is the only certainty of human nature and therefore this question can not be neglected neither by the legislator much less by the Society in general than they should before situations such as euthanasia that involves the moment of death, adopt a reflexive attitude and even break paradigms. In this sense, the present work aims to demonstrate that the practice of euthanasia due to its relevant social reach needs to be contemplated and recognized in the Brazilian legal system as a right to good death in order to end the existing discretion, giving the patient with incurable disease and irreversible state the right to a dignified death.It is a bibliographical research that analyzed the principles that support and support the right to a dignified death, being the Principle of the dignity of the human person allied to the value of life with dignity and the right to freedom and autonomy of the will, in order to evidence that the practice has authoritative constitutional foundations. The only Bill that addressed the legalization of euthanasia in Brazil and the "Draft of the Criminal Code", which in an innovative way expresses euthanasia, were also studied. euthanasia, this practice is not recognized as a right, but as an unlawful, guilty and punishable action grounded in the dogma of the absolutism of the right to life.Therefore, the work points to the decriminalization of the practice of euthanasia, since in the expressly must recognize the right of the patient in his moral right to choose how and when it will be finitude of his days since this since conscious and capable must have respected his will.