Suicídio assistido: um direito fundamental à morte digna à luz das considerações de Ronald Dworkin

Abstract

In the present article we sought to defend a worthy dying, as well as to confront the prohibition of medically assisted suicide in the Brazilian legal system, as provided in article 122 of the Criminal Code. Based on Ronald Dworkin's conception of dignity, which expresses, above all, two great guiding principles, identified as the principle of self-respect and principle of authenticity, the idea was defended that whatever the point of view of the subject in relation to medically assisted suicide, its decision must be preserved and observed significantly, and it is the duty of the State to respect and promote respect for two requirements in relation to each individual, namely: equality and individual responsibility, both of great importance for the Democratic state. Thus, based on the theoretical scenario published here, it is demonstrated how assisted suicide is treated in Brazil and also in Switzerland, under the support of comparative law. Finally, it is necessary to reconstruct the understanding inserted in article 122 of the Criminal Diploma, which incriminates the conduct of the physician who acts to aid the one who is in the process of death.