Diretivas antecipadas da vontade: um estudo de revisão da literatura e uma proposta para o Brasil

• Ano de defesa: 2021
• Autor(a) principal: Carvalho Branco, Fernanda Leontsinis
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Diretivas Antecipadas da Vontade; Testamento Vital; Ortotanásia; Direito à vida; Direito à autonomia
• Link de acesso: http://www.repositorio.ufc.br/handle/riufc/61450

Dissertation that intented the analysis of the institute of advance directives in Brazil. The directives are documents that expand the patient's autonomy, by allowing him to express, previously, about the medical care he wishes or not to receive, in case of future incapacity, as well as to designate a health attorney to substitute his wishes. The opening chapter covers the rights to life, the dignity of the human person and autonomy, and also conceptualizes and differentiates end-of-life medical practices: euthanasia, assisted suicide, orthothanasia and dysthanasia. Afterwards, the doctor-patient relationship with its transformations over time and its problems are the object of study, as well as the history of the institute with the analysis of the emblematic cases of Nancy Cruzan, Karen Quinlan and Terri Schiavo. The situations wich the directives can be applied also help to understand the directives. A comparative study of the foreign experience was also carried out, focusing on three countries: United States of America, Portugal and Argentina. Finally, the directives in the Brazilian legal system are scrutinized. The civil aspects of the law, such as the agent's capacity, the nature, the object and the form of the document are examined. Then, the Resolutions of the Federal Council of Medicine that allows orthothanasia and that regulate the directives in Brazil are examined. Bill 149/2019 is scrutinized to verify the proposal for a Brazilian model of legislation in the directives. The conclusion is due to the need to pass legislation that regulates directives and a national public policy that promotes information to the Brazilian population on the subject. Deductive methodology was used through bibliographic research and also a comparative legal study.