EUTHANASIA: RIGHT TO A DIGNIFIED DEATH

Abstract

The theme chosen for the presentation of this monograph was Euthanasia, a subject based on Biolaw and Family Law and aims to provide a better understanding of the development of the subject that is controversial, delicate and complex, because in Brazil so far there is no specific Law that deals with the subject with appreciation. In this sense, legislation and cases will be pointed out occurred in different countries, where the procedure is practiced and how each one deals with the theme, which are related to medicine, law, ethics and religion. The desire of a person to be able to end life in a dignified way in the face of suffering has been called euthanasia. This type of procedure comes at the expense of the effort of thousands of scientists to develop effective treatments, as there are also thousands of diseases considered incurable and that the treatment implies the submission of the human being to pain and care that lasts for periods considered intolerable due to the time and wear and tear they provide.

Euthanasia is a mechanism used by medicine that assists a person who has lost the meaning of staying alive and hopes to have autonomy over their future, not going through the experience of the suffering that the disease will cause them, without expectation and dignity. The objective of this work is to point out under which circumstances and countries use and legalize the procedure and the criteria that must be respectable to authorize from whom it is desired and under what conditions the human being can make the choice within the requirements, norms and accompaniments.

It is known that the relationship of the Brazilian legal system does not legalize the evolution of euthanasia, where there is no law that approves the right that human beings have about the conditions of their life and choice about it. It is understood that this issue generates conflicts and discussions in Brazil, as it is an issue that is difficult to solve and that involves public opinion.

Within this perspective, it will be analyzed how the lack of law on the subject can generate conflict, discord and anguish to the person who wants and needs the legalization of euthanasia. In this way, cases that occurred with patients in other countries who managed to achieve the legalization of the practice and how each one treats and positions themselves on the subject will be presented. Demonstrating as a requirement the great importance of the theme, which involves a feeling of self-will, since cases of clandestine euthanasia remain. In this regard, methods and procedures for this type of practice will be appointed, with the monitoring of a doctor and the consent of the patient and family involved.

Thus, considering hypotheses that would occur with its regulation, where the decision about the end of life should be granted to a conscious individual and human existence in life needs to be of quality and should be dignified, contagious, pious, incurable diseases are painful and euthanasia would put an end to this individual and family suffering.

The monograph will serve to demonstrate and contribute to the extent to which the will of the citizen takes to the detriment of the will of the State in the possibility of these rights, as well as at least to question what a suffering and vegetative life would be like for any human being, where its characterization the quality of life presented by a person who is in a hospital bed without conditions for affective and natural reactions is not worthy of being lived, where this choice and possibility needs to be shown in the appreciation of each case, where its rules and decisions are based and analyzed in a particular so that an abuse does not occur, which is fearful of the population when it comes to Euthanasia, because these are the aspects that generate social and also legal insecurity, especially in Brazil that there is no need to discuss because it is still treated as homicide.

The methodology applied to this work will be of an applied research nature, aiming to generate knowledge for practical application, involving social interests. As for the point of view of its objectives, it will be an exploratory research, involving greater familiarity with the problem, through bibliographic and documentary survey, from material already published, such as case studies, using the dialectical method. In these terms, some scholars, such as Maria de Fátima Freire de Sá, Bruno Torquato de Oliveira, Roberto Dias and Luciano de Freitas Santoro, who are great jurists in the area of Biolaw, will be appointed with their teachings on the subject.

To achieve the intended objectives, this final paper is structured in section 2 presenting the concept of the term, its origin, evolution and the practices applied in different countries and its evolution based on the authors already cited. The sociological aspects will be addressed with regard to the extent to which the right over life and the principle of autonomy goes, also raising in this section the legislative aspects. From section 3 onwards, comparative law will be mentioned, which points out cases in countries that have legalized regulated euthanasia, along with medical support and criteria adopted for the practice. Session 4 aims to clarify the arguments, criticisms and classifications of the practice of euthanasia. And finally, the conclusion resulting from the problem of the practice of euthanasia in terminal patients, taking into account human dignity and the autonomy of will.

Authoress: 

Kátia Samara Morais Bezerra