TERMINALIDADE DA VIDA E O TESTAMENTO VITAL À LUZ DA ÉTICA MÉDICA

Abstract

The living will is a kind of advance directive of will, capable of affecting the patient's autonomy even if the patient is unable to express it. The research addressed the constitutional foundations and the infra-constitutional legislation that legitimize conscientious objection for the realization of individuals' autonomy of will within the doctor-patient relationship, as well as the limits of this relationship. Furthermore, it was considered that death completes the natural cycle of existence, pointing to orthothanasia as the definition of natural death without medical intervention. In contrast to the constitutional guarantee of autonomy of will, legal uncertainty was evidenced in the protection of the free exercise of the medical profession and in the effective fulfillment of advance directives of will, due to a lack of legislation. The methodology used was based on the documentary research of the current legislation and the resolutions of the Federal Council of Medicine, as well as the bibliographic review of books and scientific articles on Medical Science and Law Science. The conclusion of the research points out that the living will establishes the patient's autonomy through the free exercise of the right to freedom of conscience, which is why it does not make the family objection illegitimate. In addition, the doctor's right to conscientious objection for the free exercise of his profession.