O DIREITO À MORTE DIGNA NO BRASIL À LUZ DA ORTOTANÁSIA E DOS CUIDADOS PALIATIVOS

Abstract

The present work will analyze the legitimacy of orthothanasia in the context of the Brazilian legal-constitutional system, firstly observing whether the Federal Constitution of 1988 encompasses a right to die with dignity, through a combined interpretation of the principle of human dignity (art. 1, III), the right to life (art. 5, caput), and the provision of § 2 of art. 5 of the constitutional text. Following this, the necessary distinction will be made between euthanasia, assisted suicide, misthanasia, dysthanasia, and orthothanasia, especially between euthanasia by omission and orthothanasia. Subsequently, considerations will be made regarding orthothanasia from the perspective of the specific institutes of Criminal Law, discussing its non-criminality in relation to the crime of homicide under art. 121 of the Penal Code, as well as whether it falls under a legal justification concerning the regular exercise of a right. Finally, provisions from the medical ethical-disciplinary sphere regarding orthothanasia will be presented, as well as those from the Ministry of Health concerning so-called "palliative care".