Perspectivas para o direito à morte digna no Brasil

Abstract

This dissertation investigates the ethical, legal, and human dilemmas related to euthanasia in the contemporary Brazilian context, especially in light of advances in medical technology and the possibility of prolonging life in terminal situations. It defends the hypothesis that, in cases where patients in an irreversible terminal state, undergoing exclusively palliative care, freely and consciously express their desire to shorten their suffering, the criminalization of euthanasia constitutes a violation of the constitutional principles of human dignity and private autonomy, requiring a revision of the Penal Code and the development of specific medical-legal protocols. The work is based on the understanding that the right to life, although fundamental, is not absolute and must be interpreted in harmony with dignity and individual freedom, as determined by the Federal Constitution of 1988. The weight of religious values, notably Christian doctrine, in the legislative debate is analyzed, highlighting the need for respect for the secular state and the prohibition of dogmatic influence in public policies. The overall objective of the research is to demonstrate that there are sufficient constitutional and legal grounds to regulate dignified death in Brazil. Among the specific objectives are understanding the concept of life as an absolute legal value, discussing the limits of autonomy and dignity in terminal cases, evaluating the role of the secular state in end-of-life policies, the identification of legal and ethical barriers to the regulation of euthanasia, and the proposal of a normative approach based on the theory of care, recognizing dignified death as a legitimate expression of the rights to health, freedom, and dignity. The methodology adopted is bibliographic, with a qualitative and interdisciplinary approach, allowing for an in-depth analysis of legal, bioethical, philosophical, and theological texts. This approach makes it possible to capture the nuances of the arguments and promote a critical dialogue between law, medical ethics, and spirituality, recognizing the complexity and sensitivity of the topic. The reflection is enriched by the perspective of theologian Pessini (2004), who proposes an understanding of death as a transition and the ultimate act of freedom, emphasizing the importance of care, active listening, and recognition of the subjectivity and suffering of the terminally ill patient. Linked to this perspective, when addressing the concept of good living, authors such as Acosta (2016), Arantes (2016), Gudynas (2011) Tronto (2013), and in addressing euthanasia and its characteristics, Fachini (2013) Goldim (2000), Horta (1999), Nobrega Filho (2010), and Pessini (2004) were used. In the field of Brazilian and Colombian legislation, this research drew on the provisions of the respective Federal Constitutions, the Brazilian Penal and Civil Codes, and the decisions of the Federal Supreme Court. It was concluded that Brazilian law provides the necessary basis for euthanasia to be legalized. However, due to Christian influence, the issue still faces many obstacles, mainly related to religious conceptions of life.