EUTHANASIA AS THE EFFECTIVENESS OF THE FUNDAMENTAL RIGHT TO A DIGNIFIED DEATH

Abstract

The article presents a reflective and humanized approach to euthanasia in Brazil, currently classified as a crime analogous to homicide under the Penal Code, leaving legal gaps and ethical dilemmas that affect healthcare professionals and the families of terminally ill patients. It aims to balance the right to life with the right to die with dignity. It also highlights the need for regulation that provides legal certainty and respects individual autonomy. The issue of euthanasia is historical, underscoring the importance of demystifying the topic, grounded in the principle of human dignity within the framework of a Democratic State governed by the rule of law, as well as respecting the free and conscious will of the individual. It reinforces the importance of clear regulations to prevent abuse and ensure that human dignity is preserved until the end of life. The article presents key concepts for understanding the terms: euthanasia, dysthanasia, orthothanasia, and misthanasia, emphasizing the indispensability of the Advance Healthcare Directive (AHD), with a sample form provided as an annex. It also stresses the need for progress in the legislative process of bills addressing the topic, mentioning existing but currently stalled proposals in the National Congress. In parallel, it offers a brief overview of various countries where euthanasia or assisted suicide is recognized as a fundamental right linked to human dignity, individual autonomy, and the right to freedom.However, the lack of regulation in Brazil that ensures the right to die with dignity constitutes a violation of one of the core principles of the Democratic State under the rule of law. For these reasons, the debate on euthanasia, its regulation, and application is crucial to guarantee individuals the right to freedom of expression and autonomy of will and consciousness.