Orthothanasia

right to dignified death

Authors

  • Kely Karina Kamers Universidade do Contestado
  • Pedro Roberto Decomain Universidade do Contestado (UnC)

DOI:

https://doi.org/10.24302/acaddir.v3.3113

Keywords:

Human Person Dignity, Orthothanasia, Right to dignified death

Abstract

The present final paper consists in an analysis of the current state of the right to die inside the Brazilian legal order, with the scope on verifying what are the main obstacles to the end-of-life practices and similar right, when endorsed in the dignity of the human person, could be introduced in the country. First of all, sought to establish, in general lines, some of the roots whom base the stigma in the end-of-life thematic. Besides, it were elucidated the conceptual distinctions among the different practices relational to the right to die, such as euthanasia, orthothanasia, and the dysthanasia, with the purpose of putting away prejudices about the theme and show how stigmas can have a negative impact, even although implicit, in the discussions about the right to die. Based on study of legislation, doctrine, as well as medical ethics, from the Conselho Federal de Medicina, through deductive method using bibliographic research tools, clarified what is and what is not currently allowed in the country. Furthermore, it was intended to comprehend what are the reasons inside the national law, to allow the orthothanasia legality and how such reasons exempt themselves from other people’s personal perceptions to the impartiality of democratic State, such as moralism, religiousness and taboos. Finally, considering everything that was showed and from the reasoned perspective that the Constitution does not establish true obstacles to the right to dignified death, aiming the guarantee of fundamental rights, with no disrespect to the Constitution or to the other current laws.

Author Biographies

Kely Karina Kamers, Universidade do Contestado

Graduanda em Direito, Universidade do Contestado. Campus Mafra. Santa Catarina. Brasil.

Pedro Roberto Decomain, Universidade do Contestado (UnC)

Mestre em Ciência Jurídica, Universidade do Vale do Itajaí – UNIVALI. Pesquisador da Universidade do Contestado. Campus Mafra. Santa Catarina. Brasil.

Published

2021-04-27

How to Cite

Kamers, K. K., & Decomain, P. R. (2021). Orthothanasia: right to dignified death. Academia De Direito, 3, 304–322. https://doi.org/10.24302/acaddir.v3.3113

Issue

Section

Artigos