Euthanasia under constitutional law : conflict between fundamental guarantees

Abstract

Euthanasia is a complex subject involving the intentional termination of an individual's life in situations of extreme suffering and incurability. This topic triggers intense debates, particularly when considered in the context of conflicting fundamental guarantees. The overall objective of this work is to analyze euthanasia from the perspective of constitutional law, investigating the conflicting fundamental guarantees such as the right to life and the dignity of the human person. Furthermore, the aim is to examine globally adopted legal approaches towards euthanasia and to identify the legal and ethical implications of these approaches, leading to the following question: What is the predominance of the fundamental guarantees of the right to life and the principle of human dignity that should prevail in euthanasia? The methodology employed consists in bibliographical research of a deductive nature, anchored in the precepts of the relevant legislation, doctrines of constitutional law and bioethics, and scientific articles. The results underscore that euthanasia is a realm where constitutional principles clash, giving rise to significant ethical and legal dilemmas. Comparative analysis of legal approaches around the world reveals a diversity of perspectives influenced by cultural and moral beliefs. The research emphasizes the ongoing need for reflection and dialogue in the face of this complex challenge. In the Brazilian context, the approach to euthanasia is primarily rooted in the right to life, yet the debate regarding autonomy and human dignity persists.