Orthothanasia

study from the decision of Tribunal de Justiça do Rio Grande do Sul

Abstract

With the advancement of medicine, it is known that today it is possible to find treatments and cures for many diseases. However, there are still diseases for which science has not found an answer. And life is finite. In the case of an imminent and inevitable death in the face of an incurable disease that causes unbearable suffering, will the patient necessarily be subjected to useless treatment? And if the disease can be cured, can the patient be forced to undergo the indicated treatment? The research problem: did the TJRS correctly decide about orthothanasia? The general objective was to investigate whether, in fact, the institute  orthothanasia, having the TJRS decision as a starting point, was properly considered. The specific objectives were: to present the decision of the TJRS that was found with the word orthothanasia in the online search system of TJRS’website, to conceptualize orthothanasia and to bring other decisions of the TJRS regarding the refusal of medical treatment. It is a bibliographic, qualitative research, making use of judicial decisions. The method was inductive. As a result, a mistake was demonstrated in the use of the concept of orthothanasia in the decision object of study. It is, more specifically, refusal of medical treatment. It is noteworthy that not every refusal of medical treatment is related to orthothanasia. In order for it to be related to the institute, the patient's death must already be in process, and the refusal is to prolong it through futile and extraordinary procedures. It is a situation that can cause conflicts in the doctor/patient relationship, as well as hurt the dignity of the sick person. Despite the inadequacy of the term, the Court correctly decided, respecting the patient's refusal of treatment.