Ato pela morte digna análise da legislação internacional uma proposta normativa

• Autor(a) principal: Simonelli, Osvaldo Pires Garcia [UNIFESP]
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UNIFESP
• Texto Completo: https://sucupira.capes.gov.br/sucupira/public/consultas/coleta/trabalhoConclusao/viewTrabalhoConclusao.jsf?popup=true&id_trabalho=5774924; http://repositorio.unifesp.br/handle/11600/50639
• topic: International Law; Dignified Death; Euthanasia; Assisted Suicide; Legislação Internacional; Morte Digna; Eutanásia; Suicídio Assistido

The current study started from researches involving the so-called "death anticipation techniques" or "short life", very widespread in some countries like the United States, Belgium and the Netherlands, which adopt very clear terms of early termination of life, as Euthanasia and Assisted Suicide. The abbreviation of life is not supported by Brazilian law and, faced with a natural confusion between the concepts, orthothanasia, euthanasia in its both forms, passive and active, assisted suicide ande gracious homicide, are institutes that cause much caveat in the medical and legal way. Doctors, patients and lawyers have quite controversial views about the exact moment that death is characterized as "imminent", so there is not the commission of a crime consistent in shortening life; is fact, however, the existence of an agreement in the sense that death need not necessarily be accompanied by suffering and unnecessary procedures In this sense, it is also a fact that absolutely all differ on what would be "unnecessary work", whereas current technology leads us to a natural therapeutic obstinacy or "futility", a term used to define this situation. In the interstices between the law, the doctor and the patient, is a very important component that goes beyond the simple respect for patient autonomy, which is precisely their inalienable right to a dignified death. And in this highly sandy terrain, the physician should take a proactive stance, but at the same time understanding regarding the suffering of the terminally ill patient and importance as the guarantee of a dignified and peaceful death. It is also important development as the concept of what a "dignified death" means, since the death takes absolutely different contexts in each society, with absolutely different values - for some people, is the end, for others it is just the beginning. The world today discusses the right to death. Countries like the Netherlands, Belgium, Switzerland and even neighbors like Uruguay and Colombia have regulations on the right to shortening life in terminal cases, where there is unbearable and uncontrollable pain medication. Many European countries, especially Germany, naturally averse to any possibility of facing the anticipation of death practice on its history of human rights violations, are efetive discussing bill proposals. The United States, with its state legislative independence of composition, as currently has four states with own laws, and some judicial decisions guaranteeing the right to health care for short life as a public health issue, and the Canada is about to also regulate such assisted death practices. Impotence, austerity, suffering, compassion ... how the doctor deals with the death of his patient? how the doctor deals with the patient's wish to refuse painful procedures? a law guaranteeing the decriminalization of his conduct would be the solution to these conflicting feelings? Of course, in conditions of physical and mental normality, dying is not an option; but if it is the only alternative, how the state must be prepared to meet the needs of its citizens? How should be the doctor´s behave? Which should be the patient's rights in the proximity of death? Would be the moment of Brazil discuss legislation that would guarantee the right or the doctor's duty to carry out the last wishes of his patient, when there is no cure and the unbearable suffering is the only certainty? This is the objective of the present work: more than propose a discussion about the terminal illness of life, present a legislative proposal that will serve as a basis for physicians to within an ethical and human environment, accomplish the ultimate manifestation of the will of his patient. It´s time to discuss the Death with Dignity Act.