O direito de morrer com dignidade: uma garantia constitucional implícita sob a perspectiva do princípio da dignidade da pessoa humana

Abstract

The present work aims to defend the existence of the right to die with dignity under the analysis of the principle of human dignity, the right to life and the right to health, all protected by the Federal Constitution of 1988. Additionally, different ways of interpreting and understanding death that have influenced culturally, spiritually and religiously, the present-day conception of humans about this phenomenon and the reasons why it is a taboo, were pointed out. Also, the current approaches on the subject in Brazil are discussed, such as the presentation of resolutions of the Federal Council of Medicine, court decisions, and bills that have euthanasia and the right to die as a goal. Therefore, the deductive method of research was used, so that, before the constitutional institutes studied, in addition to the change in the understanding of death, the current discussion on the topic in Brazil was highlighted, showing that although such right is still far away to be legally recognized, it is already treated with less prejudice.