Dignidade na vida, na doença e para a morte: as diretivas antecipadas como instrumento de valorização da pessoa

Abstract

Human dignity and autonomy get extended through life, reaching illness and death. The advanced directives, which species are the living will and durable power of attorney, represent an existential act aimed to fulfill human dignity and to preserve one s autonomy when lacking the ability of transmitting one s desire personally (disability). The advance directives are an instrument of self-determination that may contain clauses to withheld or withdraw medical treatment, authorize organ donation, discipline the right to know one s medical condition and to indicate an attorney for health care, to whom will be delegate those decisions. The object of study covers the evolution of the advance directives, their discipline in the countries that already legislate about it, the source of legitimation in brazilian Law system (what includes a positive understanding on its usage even though without a specific law) and the guide lines of the act, such as form and legitimacy.