EUTHANASIA: CHALLENGES, PROHIBITION IN THE BRAZILIAN LEGAL SYSTEM AND COMPARISON TO OTHER INSTITUTES OF THE GENRE

Abstract

The article aims to portray a brief look at the euthanasia in Brazil. The modality, in itself, does not have criminal classification in the Brazilian Legal System, so the event of its occurrence is considered a homicide, privileged by relevant social or moral value, applying the art. 121, §1º, of the Brazilian Penal Code. Euthanasia, understood here as the act of provoking, by action or omission and with altruistic intent, the direct termination of the life of a patient affected by an irreversible situation or in a terminal state, is an institute that involves in its discussion the right to life, right to freedom - as a synonym for the principle of autonomy, the right to health and, above all, the principle of human dignity. In order to understand the main nuances of this theme, it was necessary to understand its conceptualization, differentiate it from other similar institutes, such as orthothanasia, dysthanasia, misthanasia and assisted suicide, identify the position that euthanasia occupies in the legal system, in addition to point out its presence in a social context, so that it is possible to question the need for a new interpretation of this institute and its eventual legalization. The research was carried out using the dialectical research method/reasoning, using indirect data collection as a technique/instrument, that is, bibliographic and/or documentary. With the research, the available frameworks were analyzed, whether the Federal Constitution of 1988, the Civil Code, the Penal Code, Jurisprudence, doctrines, in addition to articles, monographs, academic summaries, etc. it was possible to reach the conclusion that the current Brazilian legal system lacks discussions on the topic, if not regarding the legalization or not of the institute, then regarding the correct typification.