THE LEGAL FEASIBILITY OF THE LIVING WILL IN THE BRAZILIAN ORDINATION

Authors

• Camila Lopes Martins UNISC
• Maitê Damé Teixeira Lemos UNISC

DOI:

https://doi.org/10.17058/rjp.v11i1.16341

Keywords:

Autonomia do paciente, Dignidade em final de vida, Diretiva antecipada de vontade, Testamento vital

Abstract

This article investigates the document called the living will, its conceptualization, usefulness and feasibility in the Brazilian legal scenario. Bearing in mind that, due to the autonomy of the will, the individual has the power to decide over his or her body, it is questioned, given the absence of specific legislation and the apparent principled collision that permeates it, whether the living will is legally viable in Brazil. Therefore, the method of deductive investigation and bibliographic research techniques are adopted, with the examination of doctrines and legislation, an investigation that is subdivided into three parts: conceptualization and contextualization of the living will institute; elements that characterize and differentiate it from other legal institutes; analysis of the order and examination of legal feasibility. It is noticed that the living will is founded, above all, on the right to life, which, due to the fundamental aspect of the dignity of the human person, should be protected in the sense of a dignified life, without suffering and dependence. It is concluded that the living will is legally viable in Brazil, as, within legal limits, it carries out the right of self-determination, that is, the power of decision regarding one's own body, closely correlated with the dignity of the human person, foundation of the Democratic State right.