Euthanasia and the right to a dignified death: A Protection of Human Autonomy

This article addressed euthanasia and its treatment in Brazilian legislation, considering the implications foreseen for its practice from the perspective of autonomy of will. The objective was to discuss the relationship between euthanasia and the right to life, the autonomy of the will and the Principle of the Dignity of the Human Person in national law. The methodology adopted was the bibliographic review, of an essentially theoretical nature, considering a qualitative approach of the doctrine and legislation about the subject. It was found that euthanasia refers to a painless death, without suffering, without unnecessarily extending suffering, with no prospect of improvement. Its legalization as a right depends on the following criteria: being a voluntary request; existence of unbearable suffering; there is no other alternative to end the suffering; that the individual has total control over his or her real condition and future expectations; that there is consultation with more than one professional and that euthanasia is carried out with great care. Its scope requires respect for the autonomy of the patient's will and, thus, for their human dignity. The Brazilian Penal Code does not expressly provide for euthanasia; therefore, it is an illegal practice and the right to life in the Federal Constitution of 1988, but it does not deal with the duty to live. It is concluded that, when one has obedience to the circumstances and demands, one is faced with the possibility of legalizing euthanasia to ensure the fundamental rights pertinent to the end of life, as well as the dignity of the human person, the autonomy of the will and freedom.