O direito à morte digna: uma análise sobre o instituto da eutanásia, seus obstáculos normativos e as perspectivas de regulamentação no Brasil

Abstract

This paper critically analyzes euthanasia as an instrument for the realization of the right to a dignified death within the Brazilian legal system, addressing its terminological, historical, ethical, and legal aspects. The research highlights the absence of specific regulation on the subject in Brazil, where euthanasia is prohibited and classified as privileged homicide, identifying as a central issue the mismatch between the reality of clinical practices and the rigidity of the current legal framework. The main objective is to examine this contradiction, analyzing the possibility of recognizing euthanasia as a legitimate expression of individual autonomy and human dignity in light of constitutional principles. The methodology used is descriptive and bibliographic in nature. Furthermore, the study analyzes the different classifications of euthanasia, as well as its distinctions from other end-of-life institutes with which it is often confused, such as assisted suicide, dysthanasia, and orthothanasia. The study also explores international experiences in regulating euthanasia, comparing them to the Brazilian context, and discusses Advance Directives (ADs) as a possible path to ensuring patient autonomy. The results demonstrate the urgency of overcoming the current paradigm that prioritizes the artificial prolongation of life to the detriment of the quality of existence, pointing to ADs as an intermediate measure and to the need for legislative reform. Finally, the paper assesses the challenges and prospects for the regulation of euthanasia in Brazil, including the analysis of Bill No. 4/25, which proposes the incorporation of ADs into the Civil Code. It concludes that the development of an adequate legal framework must balance patient autonomy, the protection of human dignity, and ethical safeguards, while overcoming social taboos and aligning Brazil with the most advanced international experiences on the matter.