Direito à morte: eutanásia e suicídio assistido no Direito Penal brasileiro.

Abstract

This paper aims to defend the legal admissibility of euthanasia and assisted suicide under Brazilian criminal law. The principle of human dignity is proposed as a parameter for the evaluation of the right to life, in order to consider that the free exercise of the right includes the possibility of disposing of it, according to the will of the holder. The analysis of penal paternalism leads to critics about its limiting character of individual freedoms, which is why only interventions based on soft paternalism are considered legitimate. Initially, the historical aspects of the theme will be briefly addressed. Then, the meanings of the expressions used in the text were defined, in view of their interdisciplinary content. Afterwards, the treatment given by Brazilian legislation to euthanasia and suicide assistance is analyzed, in contrast to the foreign experience. Dialectically, arguments against euthanasia and assisted suicide are presented and dismissed. Then, the debate turns to the constitutional aspects pertinent to the subject. The analysis of criminal dogmatics leads to the understanding that the patient's consent denatures the penal relevance of the studied conducts. Finally, it presents the analysis of the requirements that must be observed for euthanasia and assisted suicide to be admitted in brasilian legislation, in a lege ferenda proposal. The work is the result of qualitative legal-dogmatic research, with premises of comparative law.