O suicídio assistido no Brasil: uma análise constitucional e legal

• Autor(a) principal: Braga, Thiago Melim
• Data de Publicação: 2022
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/30846
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Autonomia; Dignidade da pessoa humana; Direitos fundamentais; Morte digna; Suicídio assistido; Autonomy; Human dignity; Fundamental rights; Dignified death; Assisted suicide

The purpose of this paper is to verify how assisted suicide can be analyzed in the constitutional reality, aiming to delimit – contextually – concepts such as autonomy, human dignity and assisted suicide itself, as well as euthanasia, orthothanasia, dysthanasia, mistanasia and others. In summary, the question, duly problematized, is to know whether the Federal Constitution of 1988 and the Brazilian legal system admit assisted suicide. To reach this goal, the investigation begins with the study of dignified life and autonomy, seeking to understand if for dignity in and of the "individual", one speaks of technical-mechanical life or dignified life. It also aims to identify the fundamental rights in question and revisit the concepts of restriction and renunciation of fundamental rights, after which it proceeds to a study of which elements should be observed when addressing the concepts cited. The study intends to verify how the criminalization of criminal types related to life and death occurs in Brazilian society, using legislative evolution, identifying a problem, namely, the sacralization of life, notably when the provisions of article 122 of the Penal Code are verified. Once the core of the debate is evident, always starting from the necessary verticalization of the concept of assisted suicide and its relationship with each chapter, other relevant concepts are identified: advance directives, the possibility of refusing treatment and palliative care, in order to, finally, directly address the current issues surrounding assisted suicide, its evolution in other countries, the so-called "tourism of death", as well as the future perspective of the topic in Brazil. It is, therefore, a descriptive and exploratory study of bibliographical and documental nature. The investigation provides and clarifies, through the bibliographic data obtained, the reality of the taboo when talking about death. The conclusion is that there is no absolute right, not even dedicated to life, and that it is necessary to address the issue of assisted suicide, since it cannot be confused with the harmful reality of suicide itself, but should be analyzed based on a careful verification of elements or requirements