Open AccessAS DIRETIVAS ANTECIPADAS DE VONTADE E O FILME MAR ADENTRO: UM DIÁLOGO COM A AUTONOMIA PRIVADA DO INDIVÍDUO
Author(s) -
Francislaine de Almeida Coimbra Strasser,
Cleberson Aparecido de Morais Silva,
André Soares Sartoro
Publication year - 2022
Publication title -
colloquium socialis
Language(s) - English
Resource type - Journals
ISSN - 2526-7035
DOI - 10.5747/cs.2021.v5.n2.s136
Subject(s) - dignity , autonomy , deed , premise , law , certainty , civil code , sociology , psychology , political science , philosophy , epistemology
The article deals with the importance of the Advance Will Directives, in the modalities of living will and lasting commandment, as instruments of protection of the right to a dignified death bundled in the autonomy of the patient's will, respecting it in moments when it is impossible to exercise it. there. Therefore, it emphasizes the need for the operator of the law to be connected to medical advances, and provide legal certainty for health professionals not to respond in court, for the results achieved and to enforce the patient's manifestation expressed in any of these documents in view of possible conflicts with the will of the family. Therefore, we defend the need to draw up a public deed in the Notary Public on this expression of will. The revocability of this document was also emphasized, which is limited by the provisions of the Code of Medical Ethics. The method used in this research was the deductive, qualitative one, based on the general premise about the untouchability of the right to life for the absorption of the instrument Anticipated Directives of Will in law, which should bend to the opportunity of paths that lead to the recognition of dignity of the human person, at the end of the patient's life.