Direito de morrer: paradoxo entre a morte digna e a esperança de cura, à luz da ortotanásia

Abstract

The Brazilian legal system manifests several rights and duties to the individuals and companies submitted to it. Therefore, this research seeks to study the rights related to individuals, specifically the right to die conferred on them, from the human person´s perspective of the dignity and how this principle affects the moment of death, as well as, on the existing rights and limits in the doctor-patient relationship, seeking to resolve the issue regarding the promise of a cure against the duty of the medical professional to demonstrate all options and which of these is the most dignified and / or degrading to the patient in cases of diagnoses with lethal potential. In the same bias, the research has the ability to present orthothanasia as a legal viable alternative and capable of providing dignity at all patient diagnosis stages, based on doctrinal and legislative analysis on the topic addressed. In order to do this, the hypothetical deductive method is used, since the research started from a problem and brought a viable hypothesis to its solution, which must be confirmed at the end of the research. Finally, it is concluded that allowing a subject in suffering with imminent death to die does not mean depriving him of the right to life, nor does it mean offending the unavailability of the right to life, but rather guaranteeing his dignity. In this way, orthothanasia offers the patient permission to natural death, through palliative care, with the aim of generating the least possible suffering for the patient.