Eutanásia,distanásia e ortotanásia: A (im)possibilidade de (des)criminalização desses institutos

Abstract

With constant social development and the consequent advancement of medical practices, it is the duty of lawmakers to seek ways of adapting norms to the new reality of the population, obtaining mechanisms to minimize punishments regarding medical practices about controversial institutes. In this sense, and guided by the medical resolutions of the Federal Council of Medicine 1.805 / 2006 and 1995/2005, the practice of Euthanasia, Distanasia and Ortotanasia, emerge as a special means of obtaining in society humanitarian practices to alleviate pain and suffering of the terminal patient, suffering from an incurable disease. In general, it will be sought in this work, to observe the origin of these institutes under analysis of the global scope, to establish the concept and main characteristics of Euthanasia, Distanasia and Ortotanasia, the basic differentiation that exists between them, and bring the social, moral and legal consequences in the national territory the practice of these institutes in the Brazilian legal system. It will also highlight the concept of death for ancient civilizations, their dogmas and beliefs, how the dead were held in society and how their death would affect their milieu, from the historical aspects to the present modern concept. It will be clearly addressed how these medical resolutions are applied and how criminal law punishes those who practice Euthanasia that is seen today in Brazil as privileged murder, which is when the perpetrator commits the crime impelled of relevant social value. The agent will have his sentence reduced from one-sixth to one-third. What is wanted with this research is to show that there is to be more flexibility about this institute, which in some countries it has already been decriminalized. The procedure will be based on bibliographic research, with an analysis of books, journals and scientific articles published with an approach on content. In this way, the objective is to clarify, without exhausting the questions on the subject, in what way it is possible to guarantee due process of law to evaluate if there was really the legal practice of the institute or, if the doctor acted in bad faith and in the concrete case, actually committed a homicide. It is noteworthy that, with the increasing increase in Euthanasia practices in the world, and the omission by the legislator to define parameters to decriminalize a (i)legal practice, it is necessary to apply instruments that can help in compliance with the strict legal duty.