Early directives of will and the right to a death (in)digna

Abstract

The early directives of will correspond to a document drawn up by a person with discernment and in the exercise of private autonomy to manifest his will, when due to a disease or vital terminality, it is no longer possible to express them. This form of manifestation of the will is already included in foreign legislation, however, in Brazil it is still the object of discussion in several areas, such as: Medicine, Law and Bioethics. This work aims to differentiate the institutes of cessation of life and the validity of the advance directives of will as a fundamental right to the dignity of the human person in the face of the Brazilian legal system. Through the bibliographic research and the study of fundamental and constitutional principles, as well as the examination of the relevant resolutions of the Federal Council of Medicine, we sought through the use of the method of deductive approach, to verify the validity of the advance directives of will in the Brazilian legal system as a way to ensure respect for the dignity of the human person.