Diretivas antecipadas: em busca de efetividade na experiência brasileira

Abstract

Advances on biotechnology allowed medical Science to split the dying process in two distinct moments, the loss of consciousness and the ultimate failure of vital functions. Frequently, patients do not die at home, around care and comfort of their families and friends, but around sophisticated life-sustaining technologies. In response to this phenomenon, was built, firstly in USA Law praxis the idea of advance directives, a document in which one express a refusal or acceptance about medical treatments, applied when one has lost its consciousness or mental capacity to consent or refuse medical interventions. This monography article is based on a deductive method and in bibliographical descriptive research and investigated the admissibility validity of such advance directives in Brazilian Law and the right to formulate them as Civil right. Was described measures to increase effectiveness of advance directives and was investigated the constitutional obligation imposed to the Estate to promote them. As a main goal, proceed to comprehend its scope, limits and challenges to be faced in the seek of a greater effectiveness.