Uma visão constitucional da eutanásia

Abstract

The aim of this work is to set focus in what is normaly not commented: the death not as something to be avoided, but as a rigth to be persuit in some circunstances. This work intends to answer if the scattering of the right of life with the constituional previsions about dignity and freedom may apear another right that is not explicitly contemplated in the Constitution: the right of death. The question is to know if do exist a constitutional right of death and from where it came, and also if the euthanasia is constitutinally permited and in wich cases. The results from a critical analyisis of the doutrine, the judicial decisions and the normative dispositions about the considered subjects, indicates that the scattering of the fundamental rights might create new rights, or in other words, these scattering process might be sources of Law. Likewise, constitutional norms about the theme force one interpretation of the dispositions in the Penal Code, with a view to disregard any illegal act when the passive or indirect active euthanasia occurs in attention to its requests, i.e., for humanitarian reasons, when all fundamental interests and the patients requests are honoured, and with medical assistance. Therefore, from the scattering of the right to life and freedom, based in the constitutional perspective of dignity, the fundamental right to death is originated