Incitamento e ajuda ao suicídio

: a pertinência de uma alteração legislativa no âmbito do artigo 135º nº1 do Código Penal

Abstract

The present study is a small contribution to the discussion of a topic whose debate has intensified in last years, with an huge impact on several areas of human knowledge like philosophy, religion and law. This study begins with the demarcation of the inviolability of human life principle, enshrined in 24º article of our constitutional text. Life, in its axiological and phenomenological sense, holds a notable position in Portuguese Rule of Law, making Criminal Law its last ratio. We give particular attention to the delimitation of suicide concept in a legal-penal context and also study the existence or not of a legal duty to guarantee the suicide as well as the impunity that characterizes this act. An analysis related to the consensual self and hetero injuries seems necessary to concretize human life´s value in the scope of 134º and 135º articles through a study based on the contributions of doctrinal divergences that constitute the starting point for a distinction and interpretation of legal types above. Also, a deep analysis of aiding and urging suicide terms is carried out, expressing the problems that the latter of law involves, without forgetting the necessary consideration of judge in determinate the penalty when other concerns like coercion and violence are present. Finally, a dogmatic reconstruction of legal type under study is carried out, finishing this dissertation with a proposal legislative revision to prevent impunity or deficit of penal sanctions in condemning aiding and urging suicide.

Date of Award	13 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria da Conceição Cunha (Supervisor)