Diretivas antecipadas de vontade: a perspectiva jurídica da autonomia da vontade e dignidade humana no fim da vida

• Autor(a) principal: Mesquita, Ana Carolina da Costa de
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/41952
• topic: Diretivas antecipadas de vontade; Autonomia da vontade; Dignidade humana; Medidas paliativas

In report to the legal validity in Brazil of therapeutic decisions at the end of life, carried out by means of advanced directives. Therefore, the research was distributed in five chapters. On the second are addressed the legal precepts that substantiate the existence of directives and their content. Thus, at the beginning of this study, without the presumption of exhausting the theme, the concepts of the autonomy of will, human dignity and the right to life are delimited, which are essential definitions for the comprehension of the object under examination. On the third section, the reasons that motivated the existence of directives are approached. Thereby, have been analyzed the ethical repercussions that biotechnological advances in medicine caused by enabling the extemporaneous prolongation of human life, and how these questions required other disciplines, specifically Law, in order to solve the results of this scientific progress consequences. Among these solutions there is the emergence of early advanced directives by the palliative care as an option for the alternative treatment patient to those of vital support. At that moment, the definition of the object under study was delimited, differentiating it from other concepts and ethical issues, such as euthanasia, which distort the purpose of the directives. On the fourth module, the objective was to undertake the discussion about the advanced directives in the country, supported by a study of the legal applicability of the medical deontological norms that predict the emergence of the object of study and its content in the country. Besides, the examination of the legal framework of its validity, examining whether there is a need for law to do so was also evaluated. Therefore, in the methodology, the deductive method was used to study the bibliographic type. As a result, it was verified that, despite of having a valid legal support, the directives lack the social and factual debates which legitimize them.