Open Access Journal
Open Access Journal
The present work has as its theme- “ORTHOTHANASIA AND MEDICAL RESPONSIBILITY: Legal Reflections on Decision Making at the End of Life”. Orthothanasia consists of allowing the terminally ill person to choose not to continue with palliative medical treatments, which prolong their life, opting for a natural death. This practice is defined by bioethics as the suspension of synthetic means of palliative maintenance, which is validated by the Federal Council of Medicine, being considered a more humane solution. In addition to ensuring the full exercise of autonomy for these patients. The general objective of the study was to analyze the effects of orthothanasia on legal, doctrinal and jurisprudential aspects. The specific objectives were to evaluate the possibility of creating legislation that regulates the practice of orthothanasia, with a comparative analysis between the different legal systems of different countries regarding medical liability in orthothanasia. For this, the hypothetical- deductive method was used, reaching the conclusion that the confrontation with the theme is the contribution to the enrichment of the debate around one of the most sensitive points of civil law today, whose legal reflections can no longer be immemorialized, from the perspective of proliferation of legal antinomies, sometimes defending an exasperated responsibility that is deeply unconstitutional, sometimes postponing the legal assets instituted by personality, which lacks effective protection from the State. Through the use of qualitative bibliographic research methodology, with the study and analysis of scientific articles, books, theses, dissertations and legislation related to the theme.
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