O início e término da existência humana sob a perspectiva da bioética.

Abstract

The present study, accomplished with the aid of doctrinal, jurisprudential and qualitative research, has the purpose to analyze the right to life, from the moment it initiates, until the one when its ends, from a bioethical perspective, once this institute seeks to safeguard the dignity of the human person and the quality of life based on its basics principles, such as the autonomy, beneficence, nonmaleficence and justice. The fundamental rights foreseen in the Brazilian Federal Constitution of 1988,will be analyzed under the following perspectives: the difference of the fundamental rights compared to the human rights, the characteristics, dimensions, and the holders of fundamental rights, and the latter aspect embodying the embryos and the unborn, hence they also are proprietors of fundamental rights. Furthermore, in view of the growing number of discoveries in medicine, there is the study of the right to life in the Brazilian legal system, a theme that is subject of intense debate due to the fact that it is not an easy task to define it clearly. In addition, it is important to accomplish the study of the concept of life also under the juridical tutelage focus, once there are studies that defend that the beginning of the human existence it is with the organic development of the human being, but there is also an the understanding in contrary, realizing that the beginning of human life is tied to the fusion of the ovum and the spermatozoid. When related to the end of the human life, there are exceptions to the concept of encephalic death that deserve consideration, as well as, the bioethical aspects related to the terminality of human existence, emphasizing the euthanasia, dysthanasia, orthothanasia, the death by microcephaly and abortion. Along these lines, seeing that the Brazilian Penal Code dates back to 1940 and did not foresee the numerous possibilities that came later, it is recurring to find in doctrine and jurisprudence the analysis of the constitutionality of abortion in cases of congenital malformation, such as anencephaly, presenting itself as justification to the interruption of gestation, within this it will be analyzed the Argument of Non-compliance with Fundamental Precept No. 54. On the other hand, due to the high amount of cases registered of microcephaly in Brazil, it will be studied the possibility of abortion in these cases, however, it is necessary to note that in the cases already described above, there is a collision of fundamental rights, such as the right to life (expectant) versus the right to life (fetus/unborn child). Lastly, a recent decision has been discussed within the scope of the Federal Supreme Court,namely, Habeas Corpus nº 124.306, in which it was authorized by the first panel of the supreme court the abortion in case of voluntary interruption of the gestation in the first trimester, nonetheless, it is necessary to emphasize that there are doctrinators who understand that diverging from such positions presents a confrontation to a series of fundamental rights of women, however, there are those who understand that if maintained this decision, it will be an affront to the Constitution of the Federative Republic of Brazil of 1988.