Constitucionalidad de la sanción penal al médico que práctica la eutanasia activa por solicitud del paciente.

Abstract

Euthanasia has emerged as one of the most controversial issues in contemporary law, as it directly involves essential principles such as the right to life, human dignity, personal autonomy, and the free development of personality. In Ecuador, through Judgment No. 67-23-IN/24 of the Constitutional Court, a substantial change was introduced by allowing the conditional decriminalization of euthanasia, opening a profound debate on the limits of criminal intervention in light of human dignity. However, the absence of a specific law regulating this practice has generated a scenario of legal uncertainty for both patients and health professionals. This research aims to analyze the constitutionality of the criminal sanction imposed on physicians who perform active euthanasia at the express, free, and informed request of the patient, evaluating the compatibility of such sanction with the constitutional principles of human dignity, proportionality, and minimal criminal intervention. A qualitative approach was employed, using a hermeneutic-legal method, doctrinal and jurisprudential analysis. The results indicate that the automatic application of criminal sanctions may be disproportionate and that it is necessary to build a tangible legal framework governing its application, given the current scenario of legal uncertainty affecting both patients and health professionals