A eutanásia

• Autor(a) principal: Gonçalves, Daniel Vitorino Vilão Pereira
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/144615
• topic: Eutanásia; Direito à vida; Autonomia da vontade; Dignidade da pessoa humana; Euthanasia; Right to life; Autonomy of will; Dignity of the human person; Direito

The purpose of this dissertation is to analyze the issues surrounding life and death in the light of Law, Philosophy and Ethics, with a special emphasis on the philosophical debate on the admissibility of Euthanasia, at a time when its regulation in Portugal is nearing its term. We seek to explore the principles that justify it, in an attempt to demystify the prejudices associated with it. At the core of its admissibility is the respect for the individual's freedom and self-determination and for the principle of human dignity, a constitutionally established principle that shapes the entire legal system, being the pre-eminent raison d'être of Law. The conditions and requirements for the admissibility of the institute are matters that we will comment on and refer to, but which do not occupy, in the forefront, the main content of this dissertation. We also propose a jus-ontological reflection on Euthanasia within the Portuguese legal system with the support of comparative law whenever relevant. Our intention is to show that decriminalizing Euthanasia is a requirement of Rule of Law’s principles and the path that is most compatible with the demands of a rapidly changing society, constituting a fundamental milestone towards greater humanization and respect for the patient's will. We will briefly point to the legal-constitutional and penal treatment of Euthanasia in Portugal, as well as the merits of the regulation proposed and recently approved by Parliament Decree no. 199/XIV, of 5 November, which regulates the conditions under which medically assisted death is not punishable. Finally, we will reflect on whether the regime comes close to the ontological values that should be weighed in the admissibility of Euthanasia, trying to anticipate the obstacles that the regime will encounter. We know that this effort is purely academic since definitive conclusions about the merit of the law can only be drawn when the norms are applied to the concrete case. Nevertheless, we do not shy away from the duty of analyzing the coming regulation.