Diretivas antecipadas de vontade: legalização do instituto no ordenamento jurídico brasileiro

Abstract

The biotechnological advance, through sophisticated instruments and procedures, allowed man to master natural phenomena such as creation and death. And over the years, this development has inaugurated a new quest for the extension of life at any cost, independent of the human values and principles that guide constitutional law, such as the principle of human dignity and autonomy. With this incessant search, man has managed to control some diseases, through exhaustive and degrading treatments for the patient. However, without respecting the patient's will and right to have a quiet and dignified death. With the Advance Directives of Will (DAV), it is sought to assure patients that their wishes are respected, through a document, prepared in advance, at the moment that the individual is conscious and self-determined, manifesting in advance their will, regarding the Procedures and medical treatments that would or would not be submitted, if it is in a terminal state and unable to manifest itself.