Testamento vital: desafios em torno da (in)constitucionalidade da resolução nº 1.995/2012 do Conselho Federal de Medicina

Abstract

With the Resolution Nº 1.995/2012 of the Federal Council of Medicine, occurs the first regulation about advance health care directives in Brazil. Associated with the idea of unimaginable scientific and medical advances, unavailability of the right to life, and medical paternalism, context which necessarily put in risk the right to dignified death, emerges the need for people to precede their wills in cases of terminal illness combined with impossibility of expression. Therefore, the present work used the dialectical method, because it is visible the contrast of ideas, and from the analysis of them, reflective conclusion can be reached. In turn are displayed two main goals. The first is the presentation of the theme of bioethics linked to a view of palliative care, showing institutes such as euthansia, orthothanasia and dysthanasia, necessarily linked to concepts of living will and durable power attorney, species of the advance health care directives. The second follows the first, in the sense that it was proposal Class Action by Federal Prosecutors Officec in order to seek the possible unconstitutionality of the abovementioned Resolution. In this sense, to solve the confrontation, occurs an approach to the constitutional principles that bind the subject, which are the principle of Human Dignity and the Private Autonomy. Finally, triggers the brief Brazilian experience with the advance health care directives necessary reasoning, to jointly verify the validity and effectiveness of living wills in the Brazilian legal system.