Of life or death: untimely reflections

Abstract

Following some countries, such as Belgium, the Netherlands, Luxembourg and Switzerland, Canada, Uruguay and Colombia, as well as some US states (Oregon, Vermont, California and Washington), after a very controversial and complex process from a legislative and constitutional point of view, euthanasia and medically assisted suicide were approved in Portugal on May 12, 2023, under certain conditions (cf. Law No. 22/2023, of May 25). This article is, above all, a reflection on the subject, and under the impact of the controversy that raged at the time. The method is mainly inductive, but actually more holistic. It was based on the media that conveyed positions on the established controversy, on the analysis of the legislative process and on previous jurisprudential elements. But it is not an analysis of legal sources. It is an exercise in critical analysis with an appeal to memory. It was at rest, we even thought about abandoning it and was then resumed. This work does not, in itself, cure the solution found, but essentially the problem of civilizational fractures that affect public space and are always received, in one way or another, by the Law. It seeks to constitute an appeal to social coexistence and prudence in the practical and medical application of legal options, in turn arising from ethical options and social considerations (at least). It is an addition a consideration that it is necessary, especially in divisive topics, a lot of capacity for dialogue and understanding “of the other”.