Eutanásia no Brasil: uma análise jurídico-penal da relação médico paciente

Abstract

The present work seeks to understand how the theoretical concepts attributed to the theme of euthanasia are articulated, problematizing them, from a critical perspective of the current state of criminalization in Brazil. This is theoretical research that starts from a systematic analysis of publications in articles, journals, doctrinal understandings, legislation, to identify the discourses on the protection of the right to life and the right to autonomy, and the inconsistencies that revolve around and consent in the doctor-patient relationship. The practice of euthanasia in the Brazilian legal system, international covenants, its modalities, living will, was presented, ending with the approach to the draft of the Penal Code and bills of law, which aim at its regularization in Brazil. Euthanasia is conceptualized as a conduct in which it brings to a patient, most of the time with a serious terminal illness or carrying an incurable pathology, who is proven to suffer to a painless and quick death. As a conclusion, it was found that there was a collision of two fundamental rights to life and human dignity. The existence of the creation in the legislation of a cause of exclusion of illegality, guided by a teleological functionalist penal system, would give prestige to a minimized criminal policy in the face of the understanding of the rationality of criminal protection in line with the human dignity.