Os limites da autonomia da vontade em uma perspectiva bioética: os desafios da recepção jurídica da eutanásia

Abstract

This monograph aims to determine the ideal legal limit of the autonomy of the individual's will in making the decision to submit to euthanasia, having as observance the national order and the principialist theory of bioethics. For this, throughout this work will be carried out the defense of the concept of "dignity of the human person" in Brazilian Law as a value that reflects autonomy to the detriment of heteronomy, as well as, a study of comparative law, having as its object the historical judgment of the English Supreme Court that recognizes the right to die, and the Dutch law that regulates euthanasia and assisted suicide in the Netherlands. In the bioethical field, euthanasia will be analyzed under the prism of the principialist theory and its four respective principles: autonomy, justice, beneficence, non-maleficence. Finally, it will be presented the factors that makes the realization of the debate on euthanasia in Brazilian society a difficult task, having as paradigm the doctrine of Ronald Dworkin.