A responsabilidade civil do médico na violação do testamento vital

Abstract

living will is a document designed to safeguard the manifestation of will about the refusal of unnecessary treatments and procedures. Therefore, the patient's autonomy, self-determination and the dignity of the human person sustain and guarantee the fulfillment of the living will. In the same sense, the observance of the doctor-patient relationship is imperative for the elaboration of the living will, since through it arises the informed consent, pillar of the manifestation of will of the patient. On the other hand, the Brazilian legal system does not have a specific law to regulate the living will, however, the Federal Medical Council in Resolution nº 1995/2012 regulates it in general, by regulating the anticipated directives of will. In this sense, the Brazilian Federal Senate processes two bills that discipline the living will in a peculiar way, demonstrating the institute's advance in the country. It is still important to distinguish euthanasia, dysthanasia and orthatanasia, since only the latter is allowed in Brazil, in this way, euthanasia means accelerating death, whereas dysthanasia is the artificial prolongation of life, and finally ortho- the correct death that prizes palliative care, respecting death in its time. Lastly, it should be pointed out that the violation of the living will by the medical professional, entails civil liability of the same, without prejudice to other sanctions in the penal and ethical framework.