Does the patient in the terminal phase have the right to choose, between to die or live in Brazilian legal ordination?

Authors

  • Cecilia Cieniuk Universidade do Contestado (UNC)
  • Marcelo José Boldori Universidade do Contestado (UNC)

DOI:

https://doi.org/10.24302/acaddir.v5.4017

Keywords:

Right to Life, Euthanasia, Principles, Legal Discussion

Abstract

When patients in a terminal state or in irreversible situations seek euthanasia, there are several discussions about the topic, opening a list of questions when using this practice in medicine. Thus considering, the problem question highlighted in the study is presented in the following question: “How the cases of euthanasia in Brazil face the collision between the principles of the right to life, human dignity and autonomy of will, enshrined and universalized by rights human rights and recognized by the Brazilian legal system”? In this sense, the general objective of the study was to demonstrate the characteristics portrayed in the Brazilian legal system in relation to euthanasia. Regarding the methodological procedures, the study was characterized by bibliographical research, descriptive research and exploratory research. The results found show that the discussion about the study on screen, portray that euthanasia in Brazil is characterized as a crime, however, the discussion goes beyond legal aspects, among which are cultural and religious factors. There is still a debate regarding irreversible life situations, where the anticipation of death through euthanasia ends up arousing conflicts and contrary positions, in relation to human dignity and individual autonomy. Finally, the discussion will be presented in such a way that it is possible to understand all the intricacies of such a controversial issue, which is euthanasia in Brazil.

Author Biographies

Cecilia Cieniuk, Universidade do Contestado (UNC)

Graduanda em Direito, Universidade do Contestado (UNC).  Campus Porto União. Porto União. Santa Catarina. Brasil.

Marcelo José Boldori, Universidade do Contestado (UNC)

Professor Mestre do Curso de Direito da Universidade do Contestado (UNC). Campus Porto União. Porto União. Santa Catarina. Brasil.

Published

2023-06-22

How to Cite

Cieniuk, C., & Boldori, M. J. (2023). Does the patient in the terminal phase have the right to choose, between to die or live in Brazilian legal ordination?. Academia De Direito, 5, 524–539. https://doi.org/10.24302/acaddir.v5.4017

Issue

Section

Artigos