O início e o fim da vida sob a ótica do direito penal : uma análise dos elementos necessários para a caracterização e diferenciação do aborto, homicídio e a prática da eutanásia.

Abstract

The present course conclusion work, carried out with the help of doctrinal research and jurisprudence, has as a central question what the concept of life and death would be for Brazilian Criminal Law, as well as what the feasibility of recognizing euthanasia as an excluding cause of illegality would be. It is important to make this distinction so that when life begins, the agent who commits a crime has his conduct framed and typified in accordance with his acts. The present elements that differentiate the exact moment of the abortion from the homicide will also be analyzed, and the moment in which human life begins and ends will be demonstrated, as well as from which moment the legislation begins to protect human life. Regarding the practice of euthanasia, the elements present in this practice that will or will not configure it as homicide will be analysed, as well as the punishments for those who practice it, according to the legislation in force in our country. Besides bringing up how it works and how it is seen in Brazil, it will be seen how euthanasia is seen in the several continents and if there is the legalization of the practice, using the deductive method, with the use of books, articles and scientific works, as well as the Brazilian legislation itself.