Diretivas antecipadas de vontade: a autonomia do paciente terminal

Abstract

The objective of this study was to demonstrate the need for a specific regulation on the Advanced Directives of Will in the Brazilian legal system in view of the limitation of the autonomy of the terminal patient. This is a monograph, resulting from bibliographical research to collect data about the subject. To fulfill this purpose, a retrospective and descriptive analysis of articles, bibliographies, books and monographs was carried out, through the consultation of the Brazilian and Portuguese databases, the latter, since they already have concrete and effective regulations on the subject addressed, add value relevant and serve as a reasonable parameter and inspiration. In addition, an analysis of the Brazilian legal system was made, based on the Constitution of the Federative Republic of Brazil of 1988, encompassing the Fundamentals guiding the Dignity of the Human Person and Autonomy; the Resolutions of the Federal Medical Council (1805/2006 and 1995/2012), externalizing the normative framework on Advanced Directives of Will and the recognition of Orthanasia and Palliative Care as therapeutic practices; of the Code of Medical Ethics (2018), referring to the importance and necessity of legal security for those involved in the doctor-patient relationship with the termination of life. Finally, we recognize the constitutionality of the Advance Directives of Will, because they are in full harmony with the fundamentals and principles of our Country Law, where their implementation, through a specific regulation, would guarantee a dignified end of life for the terminal patient, making the whole natural process of death more humanized.