A viabilidade do testamento vital no ordenamento jurídico brasileiro

Abstract

The present work has the purpose of the analysis of the institute of living will – advance directive of will – which aims to guarantee the will of the end-of-life patient, from the perspective of principles of the private autonomy, as well as the human person dignity. The Federal Constitution of 1988 established numerous principles as the basis of the legal order, among them, right to life and human dignity, which are intrinsically linked. However, it appears that in certain situations, notably those that involve the end of life, these principles collide. With the constant advancement of medicine and technology, the event of death is no longer treated as a natural process, having been increasingly prolonged, subjecting patients to therapeutic obstinacy, without being able to express their consent or refusal, having no more autonomy over their own lives. Therefore, we sought to reflect on the impasse that the right to life finds in the face of the use of artificial methods for its extension at any cost, compared to the patient´s right to self-determination and to be able to choose for a death with dignity. For this study, the deductive method was used, using the technique of bibliographic research, based on doctrines, articles, legislation, as well as jurisprudence on the subject.