Relativização do direito à vida no caso dos pacientes terminais frente ao princípio da dignidade da pessoa humana

Abstract

The purpose of this article is to analyze the possibility of relativizing the right to life, constitutionally guaranteed, considered as absolute, incontrovertible, non-transferable and imprescriptible, in the case of terminal patients. For this purpose, the principle of Human Dignity is used as a beacon when faced with situations that prolonging life becomes unsustainable in view of the irreversible terminal clinical picture, without the slightest prospect of improvement, which can only cause pain and suffering and entail the indignity of the subject in his last moments of life. Through the analysis of legal provisions and bibliographic review, the legal arguments in vogue on the right to a dignified death are discussed. In conclusion, it was demonstrated that in the event of a conflict between the right to life and the subject's self-determination, the latter must prevail in order to concretize the Principle of Human Dignity, which should be the parameter of interpretation that permeates the entire legal system. The theme deserves development of studies and research, including in other areas of knowledge with the scope of protecting the rights of terminal patients in the current technological scenario that allows prolonging life at an unsupported level.