A dignidade da pessoa humana e o processo de morrer

Abstract

This study aims to address the legal aspects involved in the treatment of terminally ill and vulnerable patients through the use of techniques related to euthanasia and orthotanasia. The effectiveness of law depends directly on the dynamics established between law and social relations. Discussions related to ethical and legal limits are linked to the dignity of the patient regarding the extension and/or shortening of his life. These are some aspects of the human evolution, which are in vogue. Much is said regarding the right to live, which is considered the greatest value to be socially and legally protected. However, although life is considered a supreme right, is it worth nothing if apart from other precept which is currently much invoked: the human dignity. Discussions about ethical-legal limits regarding patient's dignity in the extension and / or shortening their lives. Also, appreciation of assumptions inherent to human rights is discussed. Another point is worth mentioning: how to protect the exercise of rights of patients who find themselves in vulnerable condition, in situations where discernment is reduced or even there is no discernment at all? The subject of this study is to evaluate whether active or passive conducts accelerates the decision to keep a patient alive or if it´s better to shorten his path to death. Would shortening the life be the best treatment for the patient? Would it be worth to terminally ill patients (in a situation of vulnerability) such decision? It concluded that, with use of palliative care, the search for euthanasia is unnecessary. The dignity of the human person embodied in patient´s autonomy shall be above all treatments provided by science