O testamento vital como instrumento de proteção da dignidade da pessoa humana

Abstract

Death is a difficult subject for most people today, there is much talk about the quality of life and the importance of well-being, but the matter concerning the equally dignified death process is often avoided. In this context, the present research brings as a topic of discussion the living will as a legal instrument for the protection of the dignity of the human person. This is a relatively new topic in the Brazilian legal system, which needs to be better debated even to raise a better legal understanding of it. Understanding the juridical, social and ethical relevance of the chosen theme, the following objectives were delimited: to highlight the importance of the living will as a document that aims to ensure the fulfillment of basic human rights, especially the right of human dignity; to discuss the conception of death worthy of an ethical and juridical point of view, emphasizing the importance of ensuring that the will of the individual, in full use of his mental faculties, is respected and fulfilled with regard to the end of his biological life; discuss the vital will in the legal system highlighting its legal importance in regard to preserving the patient's autonomy at the time of his death. It is evident that it is important to discuss aspects related to death, re-treating it as a normal stage of life common to all human beings, the role of the Living Will in the promotion of human rights, especially the dignity of the human person stands out and emphasizes the importance of it being regulated by law (sic).