THE (DE) CRIMINALIZATION OF EUTHANASIA: A REVIEW OF THE LEGAL, MORAL AND ETHICAL ASPECTS

Abstract

The present study aims to reflect about the (de) criminalization of euthanasia and the legal, moral and ethical aspects of it, with the 1988 Constitucion of the Federative Republic of Brazil, the Criminal Code and the Medical Code of Ethics as parameters of discussion. Euthanasia is the act of inducing the death of someone who is in terrible health condition, shortening his life by considering that this person will no longer be able to recover from such conditions, and the search for keeping his life would just worsen his suffering. In Brazil, the conduct is usually typified as privileged homicide (article 121, § 1º, from the Penal Code). During his professional activity, a doctor may face some paradoxes, when he must adopt emergency measures and choose between conflicting legal interests. Accordingly, the understanding of this matter goes through different legal and ethical elements that support positions about the theme, such as life’s unavailability and the right of a decent life. As an issue to be solved in this article, there is the facing of legal, moral and ethical reasons that leads to the criminalization of euthanasia on national territory. For that, the concept of euthanasia will be introduced, highlighting the legal, moral and ethical discussions about it, investigating indications of social acceptance, and discoursing on the assumptions that lead to the medical criminal liability and its essential elements. We proceed to literary analysis, mainly by doctrines, scientific papers and jurisprudence. Concludes that the illegality of it on national territory appears to better satisfy the principles of the existing regulations, given the high level of complexity of the legal, moral and ethical challenges that embrace the (de) criminalization of euthanasia.