SUICIDIO ASISTIDO Y LIBRE DESARROLLO DE LA PERSONALIDAD EN LA REPÚBLICA FEDERAL DE ALEMANIA.

This paper analyses the legal controversy aroused in the Federal Republic of Germany around the prohibition of commercial encouragement of suicide. In its first section, the legal framework for end-of-life decisions is briefly explained. To this end, the work emphasises the contentious criminal act in force in the country since 2015 and reflects the state of the art according to the main scientific literature in this regard. The second part analyses the recent ruling of the German Federal Constitutional Court that declares unconstitutional the above-mentioned prohibition of commercial encouragement of suicide. In particular, this section looks into the construction of a right to a self-determined death carried out by the final arbiter of the German Fundamental Law. Thirdly and lastly, the paper draws two conclusions from the prior analysis. The first one is of functional nature and, since the German Federal Constitutional Court did not exclude such a possibility, refers to the feasibility of alternative concepts of legislation. The second corollary has a dogmatic nature and consists of assessing the significant omission of the right to life in the argumentation of the German highest court. [ABSTRACT FROM AUTHOR]