Limits to life and human dignity: a bioethical and legal perspective in Health Law

Abstract

The advancement of medicine has significantly expanded the ability to prolong biological life, intensifying ethical and legal dilemmas concerning the limits of therapeutic intervention and the preservation of human dignity at the end of life. This article analyzes, from the perspectives of health law, bioethics, and fundamental rights, the normative and theoretical foundations underlying the right to a dignified death, in contrast to the traditional conception of the sanctity of life. This is a qualitative theoretical study based on a narrative literature review, analysis of legal and regulatory provisions, and examination of recent case law from the Brazilian Federal Supreme Court, the Superior Court of Justice, and resolutions issued by the Federal Council of Medicine. The findings reveal the absence of specific federal legislation on the subject, as well as the insufficiency of public policies on palliative care, both of which compromise the effective exercise of patient autonomy in terminal illness. Nevertheless, an important jurisprudential evolution can be observed regarding the recognition of the refusal of futile treatments and the validity of advance healthcare directives. In light of the theory of fundamental rights, particularly the balancing between the right to life and human dignity, the study concludes that the Brazilian legal system must advance toward the development of a regulatory framework capable of ensuring an ethical, legal, and humanized approach to the dying process, integrating bioethics, patient autonomy, and effective public policies.