Eutanásia: um estudo sobre o direito de morrer com dignidade

Abstract

The topic addressed is of great importance within the context of the Brazilian legal system and deserves more frequent discussion, as it is a highly controversial issue today that raises various ethical questions. These questions not only impact the relationship between doctors and patients but also profoundly affect the family and social dynamics around us, often without our awareness. There are significant divergences on this topic, which we will seek to understand and clarify here. One conflict that will be addressed multiple times in this thesis is between patient autonomy and the right to life, and which of these two should be relinquished in favor of the other. Another central point of these divergences is the difference in positions among countries: while euthanasia is legal and accepted in the Netherlands, Belgium, and Luxembourg, there is a strong opposition to this practice in Brazil, Italy, and France. According to Roberto Dias (2012), life should not be viewed as a duty or an absolute right. He argues that this right is divided into three components: the subject of the right, those responsible for the obligation, and the object of the right, which is life itself. According to Dias, the inviolability of the right to life should not be interpreted as something irrevocable; the decision regarding the availability of life rests exclusively with the individual, who must have the capacity to assess whether their existence is worthy. The issue of euthanasia sparks interest because it involves conflicts of values, ethics, and diverse interests. Furthermore, the debate on this topic is scarce in Brazil. Beyond legal implications, there is also a clash between religious and moral beliefs that generate differing opinions worldwide. On one side, there is the desire to alleviate the suffering of individuals or families; on the other, there are moral and religious considerations related to euthanasia. Both sides confront the fundamental question: how much is life worth living?