A legalização da morte assistida no Brasil: uma análise à luz da bioética, do biodireito e o do Direito comparado

Abstract

Assisted death, also called to as assisted suicide, is carried by doctor or third party who assists the terminal or incurable patient, willing to cease their suffering. Thus, the present study analyze the possibility of being legalized in Brazil the Institute mentioned by examining the legislation, bioethics and Biolaw comparative law. Since the remote civilizations, the liberty of interrupting life is debated, defending it as according the principle of human dignity and the principle of the autonomy of will or Private Autonomy. It is understood that dignity must be guaranteed in life and death and conscious choice of dying to relieve pain from severe and incurable disease, must be respected. In the Brazilian legal system, even though the ill request assistance to death, such action is typified in article 122 of the Penal Code and fenced in the code of medical ethics and in Resolution 1995/2012. Attested of legalization of alluded institute in Switzerland, Institute Netherlands, Belgium, United States of America and Colômbia. Treated it of the thematic in general and entering its specificities, with the use of deductive methods, compared and history. The present work was built through the literature review, through books, scientific articles, periodicals and brazilian and international legislation. It was concluded that it is necessary to legalize assisted death in Brazil, however, this will take time because society's conservatism does not support the patient's autonomy in deciding when to die and also to seek help from a doctor or a third party.