Eutanásia e a dignidade humana: estudo comparado sobre o direito à morte digna no Brasil e na Holanda.

Abstract

The present work will present the different ways in which the practice of euthanasia and its specificities are treated in Brazil, based on the sanctions established in the Penal Code. An euthanasia approach will also be undertaken in Switzerland and the Netherlands, countries that have specific legislation dealing with cases where practice is permitted, as well as what may happen in cases of noncompliance with the law of the aforementioned countries. Unfortunately, in our country, the academic production on the subject is considerably scarce, which generates some difficulty to advance in the field of study. In the criminal sphere, when euthanasia is proven, the punishment existing has as its fulcrum article 121 of the Penal Code, which defines crime as homicide, and can be considered, varying according to the concrete case as a privileged murder moved by a relevant moral value. Factor, which may contribute to the reduction of the penalty at the moment of dosimetry by the Magistrate. The methodology used was done through the qualitative method, the research procedure was done through documentary analysis and the purpose is descriptive. At the end of the research is meant the non-application of the Dutch Legislation in the Brazilian Legal Order.