Only four of the 11 judges at the Constitutional Court argue that medically assisted death is a violation of the right to life enshrined in the Constitution.
The Constitutional Court (TC) this Monday failed the law on medically assisted death, in response to a request for preventive inspection made by the President of the Republic.
Only four of the 11 judges at the Constitutional Court argue that medically assisted death is a violation of the right to life enshrined in the Constitution, writes the Express.
Maria José Rangel de Mesquita, Maria de Fátima Mata-Mouros, Lino Rodrigues Ribeiro and José Teles Pereira voted in favor of the ruling that failed the euthanasia law. However, subscribed to a joint explanation of vote in which they disagree that the TC has not made a judgment of unconstitutionality of the diploma “for violation of the right to life”.
Judge Maria José Rangel de Mesquita was eventually replaced by Judge Pedro Machete in the drafting of the judgment.
According to Expresso, the understanding prevailed that the inviolability of human life does not constitute an “insurmountable obstacle” to decriminalize medically assisted death in certain conditions.
Although the Constitution states that “human life is inviolable”, the majority of judges understand that “the right to live cannot be transformed into a duty to live in any circumstances”.
The four previously mentioned judges disagree, arguing that there are “matters that are out of reach of majorities ”.
“The admission of euthanasia leads to a new paradigm: in which, by renouncing the right to live, others (specifically the State) are being freed from the duty of not killing them. And the State is removing the prohibition / punishment of killing in this case ”, defend the judges.
A few hours after the Constitutional Court announced that the law that decriminalized euthanasia had failed, Marcelo Rebelo de Sousa vetoed it, due to unconstitutionality.
“Following today’s Constitutional Court Judgment, which considered the rules of the diploma submitted to preventive review of constitutionality to be unconstitutional, the President of the Republic returned it to the Assembly of the Republic, without promulgation, under the terms of paragraph 1 of article 279 of Constitution, the Decree of the Assembly of the Republic that regulates the special conditions in which the anticipation of medically assisted death is not punishable and alters the Penal Code, ”reads a statement published on the Presidency’s website.
Daniel Costa, ZAP //