Saúde pública em exceção: justificativas para a materialização do direito à autonomia da vida através de diretivas antecipadas de vontade

Abstract

This study aims to analyse the limitations on the autonomy of life, according to constitutional and infraconstitutional precepts, materialized under the fundamental guarantee of the inviolability of life, opposed to the scarce Brazilian budget endowment to the Unified Health System, analyzing, specifically, the resources destined to combat the Pandemic caused by Covid-19. Furthermore, considering the level attributed to the fundamental right to health, as a result of the unfolding of the principle of human dignity, counterpoints are exposed in order to justify the materialization of the autonomy of life, moving away from the criminalization of the abbreviation of life for medical reasons, through the advance directives, analyzed from the perspective of comparative law, according to countries that have legislated on the subject.