Eutanasia: reflexos jurídico-penais e o respeito à dignidade da pessoa humana ao morrer

• Ano de defesa: 2006
• Autor(a) principal: Felix, Criziany Machado
• Orientador(a): Azevedo, Rodrigo Ghiringhelli de
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul; Porto Alegre
• Palavras-chave em Português: DIREITO PENAL; DIREITOS FUNDAMENTAIS; EUTANÁSIA; DIREITO CONSTITUCIONAL; SUICÍDIO (DIREITO); HOMICÍDIO (DIREITO); BIOÉTICA; DIREITO A MORRER
• Link de acesso: http://hdl.handle.net/10923/1728

The main focus of this study is to analyze the lack of respect to human being and the right to die with dignity in an interdisciplinary discussion, which will culminate in the approach of the framing in the criminal sphere of the action or omission of the agent who practices euthanasia. As known for all, current medical technologies allow us to maintain a person alive in a vast number of situations that formally would have resulted in patient death. There has been a change in the process of dying. The way we see, reflect upon and face death in hospitals today, highly equipped with sophisticated technology and powerful drugs, are all part of what lead us to safe guard life at all costs. Today, a patient can be kept alive indefinitly, but can we reduce life to a series of biological sighs? What is being discussed is whether artificial life support systems should always take first place over human dignity, even when it involves suffering for the patient, their next of kin and would affect the due respect to the human being. This research presents euthanasia - understood as sweet death - and similar situations, with the objective of analyzing which cases would warrant the withholding and withdrawing of medical treatment and in which the same became unnecessary or inefficient, leading to mere life-prolonging treatment. In this sense after study the pertinent concepts to the many types of euthanasia, with the intention of situating the reader in the matters being presented, the text deals with the principals of Bioethics that should be taking into account in the patient-physician relationship, such as: Benefit, Justice and Respect of Patient Autonomy, all of which discuss in the light of human dignity. Afterwards, will be discussed the law effects which are a consequence of the attitude taken regarding the process of dying, taking into consideration the conflict between the right to life and the right to life with dignity. Finally, based on the position adopted in face of the human dignity, we will analyze the consequence in criminal law of the behavior carried throught for the author of the euthanasia in the modalities that configure the "good death","sweet death","soft death", this means without pains and sufferings.