O crime de homicídio a pedido da vítima e o crime de ajuda ou incitamento ao suicídio (Artigos 134º e 135ºCP)

: legalização da morte medicamente assistida

Abstract

We chose the murder at the request of the victim, aid or incitement to suicide and debate on the legalization of medically assisted death thematic, with the intent, firstly, of looking to perfect eventual flaws that may appear on the Articles 134º and 135º, without avoiding showing the importance of the existence of these same articles. Simultaneously, we pretend to contribute to the importance of the debate that began two decades ago about and eventual regulation of the euthanasia and the assisted suicide and if that would be coherent with the values of our legal system. In case of affirmative response, we will try to clarify what are the requirements that have to be foreseen so the right which is called into question, the right to live, is the less restrained as possible, still ensuring the regulation of the thematic and, therefore, the satisfaction of the auto determination of the person that wants to die. We believe to have achieved exactly that, not ignoring the fact that it is a thematic that puts rights, freedoms and guarantees in debate, and therefore, will never have a satisfactory response for everyone, depending on the vision we have of the world and the weight we attribute to life and freedom, without prejudice of recognizing that there are objective standards that can guide and have guide us on our decision making.

Date of Award	20 Sept 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Elisabete Ferreira (Supervisor)