O debate bioético e jurídico sobre as diretivas antecipadas de vontade

• Ano de defesa: 2014
• Autor(a) principal: Mabtum, Matheus Massaro [UNESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Estadual Paulista (Unesp)
• Palavras-chave em Português: Direito a vida - Aspectos jurídicos; Direitos humanos; Direito a morte - Aspectos jurídicos; Declaração da vontade; Bioética; Direito e biologia; Law
• Link de acesso: http://hdl.handle.net/11449/128082

The present study addresses the main issues concerning the Advance Health Care Directive, analyzing, from Law and Bioethic's perspective, respecting the characteristics of each approach. The aim was to demonstrate that bioethics, due to its interdisciplinary nature, has an interface with legal science, especially with Biolaw, which is responsible for regulating such interaction. This study dealt with the four bioethical principles, which are described in the Belmont Report and in the Universal Declaration on Bioethics and Human Rights. The constitutional principle of human dignity also was given a special consideration, since it is one of the main parts of the legal system. The Advance Health Care Directive is a manifestation of respect for the patient's autonomy and self-determination. This study also used the personality rights doctrine to justify the link between the doctor and the patients' will. Prolongation of life and quality of life not always are associated, and for that reason dignity must be preserved in all stages, even in life's final stage, by means of a dignified death. In several occasions the patient is kept alive, but no longer has his own life, so what happens is the expansion of the process of dying. The species of medical intervention in terminal patients were theoretically distinguished: euthanasia, dysthanasia and orthothanasia. It is understood the patients' autonomy must be preserved and that is the reason why free and informed consent must be taken into account, in order to avoid abuses or inappropriate behavior. The Advance Health Care Directive, is a gender, composed of the species Living Will, which consists on limiting the refusal to certain cares and medical treatment; and Durable Power of Attorney, through which a representative is named to accomplish its' will concerning its' health, in case of incapability of free manifestation. Therefore, due to its' characteristics, it may be considered...