Eutanásia e o direito fundamental à vida: perspectivas e contradições.

Abstract

The present research aims to Euthanasia and the Fundamental Right to Life, covering its perspectives and contradictions. The theme is old and very complex. Not today that discusses the practice of euthanasia. It is complex because it involves not only questions of law, but fundamentally it is a problem of medical, moral and ethics, covering religion and beliefs, interesting beliefs of society as a whole. Furthermore, when we speak of euthanasia is essential to think of concepts closely linked to it. Such concepts, such as life, death, bioethics, biolaw, charity and piety are themselves uncertain, varying according to the viewpoint of each person. Therefore, to reach a satisfactory study, it becomes necessary to examine each of them, aiming some subsidies that lead us to the analysis of euthanasia. It is essential to a thorough discussion of the matter in view of the very evolution of parental rights and patients suffering from incurable diseases that hopeless, languishing in their homes or in a hospital bed, begging for a dignified death. And yet, it is about explaining the positions for and against such institute, relating them to the perspectives that can be seen in the same study. The methods used in research will be inductive, as it will leave the analysis of individual cases, to therefore provide a general position of the subject under study, also used the historical-exegetical and legal and rolling, and the comparative metod. Finally, it becomes clear that the favorable position the practice of euthanasia in the Brazilian legal system, is feasible within the context of convergence to the mother-principle inscribe in the Constitution: the dignity of the human person, since everyone has the right death, provided that it is worthy.