Testamento vital: efeitos e aplicabilidade no ordenamento jurídico brasileiro

Abstract

This monographic work talks about feasible incorporation of the living will, primordial kind of advanced directives of will, to the Brazilian legal system. In order to get to the outcome of this inquiry, it was necessary to elucidate some institutes, using their concepts. Some of them were: the difference between the long-term mandate and the living will; the distinction between Euthanasia, Orthanasia, Dysthanasia and assisted suicide. From theoretical research, using book review and bibliographic research, it is intended to get current information about this theme. The objective is to develop this study focusing on analyze a possibility of acceptance or non-acceptance of the living will in Brazil. Although this subject was not yet implemented in the set of Brazilian norms, there are no impediments to its analysis being based on existing laws and in the fundamental principles of the national legal order, but also in the international legal order where there are already consolidated subject about this topic, such as the United States, Portugal, Spain and many others. The verification of this work’s main point is centered on the right to autonomy of terminally ill patients. Thus, it will be checked if the living will, as a form of advanced directives of will, can fit in the national legal order, against legislative omission on this matter.