A eutanásia no direito penal brasileiro: a possibilidade da legalização e descriminalização da prática à luz do ordenamento jurídico brasileiro

Abstract

The present work carries out a legal and sociological analysis on the institute of euthanasia under Brazilian law, comparing it with the regulations of other countries. An analysis is also made of the preliminary draft of the New Brazilian Penal Code that brings with it a new typification for the practice of euthanasia. This study brings concepts and differentiations about euthanasia and its variations. Also addressed is the immense clash of fundamental principles such as the right to life, the dignity of the human person, freedom and autonomy of will. It is noteworthy that euthanasia cannot be seen as any kind of criminal, much less can it be seen as a special case of homicide, but rather as what it really is: a means of avoiding the suffering and distress of patients in a state health terminal and that no longer have any kind of improvement condition in the face of modern medicine and available technological means. Therefore, it is a measure that aims at ending a sacrificial treatment that often ends up being more painful than the disease itself. One should stop considering the right to life as an absolute right, since it is not a duty or obligation, but a right in which the principle of autonomy of the patient's will must prevail.