“Que seja feita a minha vontade”: uma análise das diretivas antecipadas de vontade e da autonomia da vontade frente ao direito de morrer com dignidade

Abstract

The objective of the current paper it is analyse the advance directives of will as legitimizing the autonomy and dignity of the human person at the end of life, causing the right of a dignity in death. To this end, it is emphatic the constitutional rights above mentioned, the dignity of the person and autonomy, since these, clearly, are sufficient foundations, when envisioned, to guarantee a good death, grating the person in the end of life the possibility of deciding on its terminality. And yet, although there is no specific legislation for the consecration of the advance directives of will - with more emphasis on the living will -, only Resolution No. 1995/12, this coming from a class entity, the Federal Council of Medicine, the legal system brings plausible support, through the said foundations for the application of this institute. To this end, the need for a specific regulation was evidenced, precisely because the aforementioned resolution does not have the force of law and does not comprehensively dispose beyond the doctor-patient relationship. Moreover, the dilemmas regarding the issue of death itself had been exposed, since in order to institute an advance directive of will and enforce it in the Brazilian scenario, the first step is to understand the finitude of human existence.