Living will: terminal patients' will analyzed through the principle of authonomy and human person dignity

• Autor(a) principal: Chaves, Denisson Gonçalves
• Data de Publicação: 2019
• Outros Autores: Pinheiro, Syrllana Costa, Pestana, Thiago Vale
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito
• Texto Completo: https://periodicos.ufv.br/revistadir/article/view/2021
• topic: Prior declaration of will. Dignity of human person. Private Autonomy. Resolution nº1995/2012.; Declaração prévia de vontade. Dignidade da Pessoa Humana. Autonomia Privada. Resolução nº1995/2012.

The prior declaration of will, also known as a living will, an instrument with recent discussions in Brazil, functions as one of the species of advance directives of terminal patients who may use the institute to decide which treatments they want or not to receive when they do not can more express their wishes. This institute has not yet found space in the Brazilian legal system, but the Federal Council of Medicine in its attempt to discipline the doctor-patient relationship in light of the principle of private autonomy and the dignity of the human person, regulated through resolution nº9595 / 2012 the directives anticipated by bringing their concept and in what modalities they occur. Through an analysis of the institute in other countries where there is already legal regulation, and analysis of the Resolution nº1995 / 2012 of the CFM and its reflexes in the judiciary, the present study seeks to bring to light how much the subject needs to be disciplined by law, safeguard the right of the individual as a person and their desires, as well as the preservation of life in a dignified way.