A responsabilização cívil médica pelo descumprimento de diretivas antecipadas de vontade no fim da vida. / Renata Braga Vale.

Abstract

With the growing progress in the field of biomedical research, it is possible to affirm that professionals are always looking to develop methods that aim to help humanity to face the most diverse adversities and among them is the desire to prolong life expectancy even more, preventing in every possible way the arrival of death. The problem in this obstinacy is evident in end-of-life situations in which the patient has demonstrated his previous desire to avoid such unsuccessful practices and to reach his death in a natural way, being necessary to reflect on the responsibility of the medical professional in case of non-fulfillment of this desire previously expressed. The present work is about whether the medical professional who fails to comply with an Anticipated Will Directive, in the end of life, previously signed by the patient or his representative and insists on performing procedures that contradict such provision could be held civilly responsible for such non-compliance and, in addition, it analyzes the principles that guide Bioethics and Biological Law and the institute of antcipated directives of will and how it is treated in the Brazilian system, discussing, based on Brazilian legislation, the possibility of medical civil liability for its violation. The purpose of such study was found in the absence of an express legal provision regarding the directives and principles of the Human Dignity and Autonomy that appear as postulates with normative force to be observed also in end-of-life cases, in addition to the importance of to debate about the topic that is little discussed in the academic field and the relevance of spreading it to the general population, since it remains little publicized. In order to comply with the intended objectives, the deductive method was used for the approach, carrying out bibliographic and documentary research, with theoretical framework provided in books, articles, periodicals and others and analyzing the rules in force in the national system. It was concluded that, despite the absence of express provision in our law, civil liability of medical professionals for noncompliance with the Anticipated Will Directive with fulcrum in the civilian national legislation, in the principles of Human Dignity, Beneficence, Non- Maleficence, Justice and Autonomy, and in Resolution No. 1.995/2012 of the Federal Council of Medicine.