ORTHOTANASIA IN THE DIMENSION OF THE FUNDAMENTAL RIGHT TO HEALTH

Resumo

The article addresses the right to orthothanasia in the context of 
the fundamental right to health and human dignity, as provided 
for in the Federal Constitution. The central issue examined is 
whether orthothanasia can be considered a fundamental right to 
die with dignity for the terminally ill patient who chooses to refuse 
disproportionate medical treatments. The aim of the study is to 
analyze the practice of orthothanasia and integrative palliative 
care as possible rights inherent to human dignity and health, and 
to examine how the legal protection of dignity relates to the right 
to life in these cases. The methodology used is deductive, based 
on the analysis of national and international legislation, doctrine, 
and jurisprudence. The results indicate that orthothanasia can be 
legitimized as a practice of respecting the autonomy of terminally 
ill patients by avoiding the artificial prolongation of life with futile 
treatments. It is concluded that, by ensuring the right to 
orthothanasia, human dignity is respected, providing the patient 
with a dignified and humane death, in accordance with 
constitutional and ethical principles. The study demonstrates the 
intersection between constitutional and infraconstitutional norms, 
as well as alignment with international treaties, reinforcing that 
orthothanasia is an extension of the right to health and dignity