On Tuesday, the President of the Republic promulgated the Decree of the Assembly of the Republic on euthanasia. This was reported on the official website of the President of the Republic.
“On May 12, the Assembly of the Republic approved by an absolute majority of the current deputies a new version of the diploma on rendering medical care at death, for this reason the President of the Republic issued Decree No. 43/XV. , of the Assembly of the Republic, as required by paragraph 2 of article 136 of the Constitution of the Portuguese Republic”, can be read in the footnote.
This Friday, the Assembly of the Republic approved for the fifth time the decree on the legalization of death with the help of a doctor, with a total of 129 votes. It should be remembered that the diploma has already been the object of two political vetoes by Marcelo Rebelo de Souza and two vetoes due to unconstitutionality found by the Constitutional Court.
The constitution stipulates that after a decree is vetoed, “if the Assembly of the Republic confirms the vote by an absolute majority of the deputies in office, the President of the Republic shall promulgate the diploma within eight days of its receipt.”
In this decree, which amends the Criminal Code, “non-punishable death with the provision of medical assistance is considered to be death that occurred by decision of a person who has reached the age of majority, has a current and repeatedly expressed will, serious, free and enlightened, in a situation of suffering of great strength, with a final injury extreme severity or a serious and incurable disease when practiced or assisted by medical professionals.”
The last article provides that “this law shall enter into force 30 days after the publication of the relevant decree”, which must be approved by the Government.
The regulation of the law is to establish, among other things, a sample medical history of requests for death with the help of a physician and a sample of the final medical report.
The first Portuguese law on the subject establishes that “medically assisted death can only occur by euthanasia when medically assisted suicide is not possible due to the patient’s physical incapacity.”
Medically assisted suicide is defined as “the administration of lethal drugs by the patient himself under the supervision of a physician”, and euthanasia is defined as “the administration of lethal drugs by a physician or healthcare professional suitably qualified for that purpose”.
When the first legislative initiatives on this matter appeared, Marcelo Rebelo de Souza, a practicing Catholic, advocated a long and wide public discussion, but he placed himself outside the discussion, relegating his role to the completion of the parliamentary legislative process.
This was the fourth decree passed by Parliament to decriminalize death under certain conditions in the provision of medical care.
The President of the Republic sent the first decree on this matter to the Constitutional Court, in February 2021 vetoed the second one in November of the same year, and also sent the third for a preventive check in January of this year. Two submissions to the Constitutional Court resulted in a veto for unconstitutionality.
On April 19, before the fourth decree, the President of the Republic vetoed it, but dismissed doubts about constitutionality, pointing only to the “problem of accuracy” in two specific paragraphs, and commented on the possible confirmation, saying: “There is no drama.” “.
This is the second decree that Marcelo Rebelo de Sousa issues after vetoing and approval by the Assembly of the Republic.
In August 2021, the head of state vetoed a parliamentary decree amending the rules governing the Local Economy Support Program (PAEL), which were due to be approved by the PS, PCP and PEV in November of that year, forcing the head of state.
Author: morning Post This Portuguese
Source: CM Jornal
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