The provisions of anticipated directives of freewill in Brazil

Abstract

Today, thanks to the new biotechnologies that allow the artificial prolongation of life and the reaffirmation of the principle of the autonomy of the human person, questions regarding the end of life and a dignified death are being increasingly discussed. Advancement in directives emerged as an effective instrument to guarantee the will of an individual, such as questions regarding their life and health. These directives embody biojuristic acts in which the individual asserts their will over medical treatments. Specifically, in Brazil, there is a lack of legal regulation regarding this subject, which has led to many lawsuits that depend on a judge’s decision on whether to comply with the provisions of the directives. Nonetheless, this study discusses the current directives in Brazil and the role of the Legislative Branch. Finally, this research concludes that legal regulation is necessary; thus, legislative discussion and debates are necessary for the regulation of this issue. This paper utilized the deductive method, from a bibliographical and jurisprudential analysis.