Living Will : The Limits and Legal and Criminal Consequences of Autonomy exercise in view of the Will of Advance Directives

• Main Authors: Maria Auxiliadora Minahim, Daniela Portugal
• Format: Article
• Language: Spanish
• Published: Conselho Nacional de Pesquisa e Pós-Graduação em Direito 2016-06-01
• Series: Conpedi Law Review
• Subjects: Consentimento; Autonomia; Testamento vital.
• Online Access: http://portaltutor.com/index.php/conpedireview/article/view/91
• ISSN: 2448-3931; 2448-3931

This article aims to analyze the living will and the legal consequences in criminal law. Takes as its starting point the treatment of autonomy under private law and then of Resolution n. 1.995, 2012, Federal Council of Medicine. Deals with the criteria disciplined in Resolution, regulating the living will and substitute decision models adopted. Then goes on to address the criminal law consequences for the living will, especially those that cause the patient’s death. Later, examines the victim’s consent theory and the possibility of the approval of the victim act as exclusive element of typicality. Deals with the criteria that are disciplined in the Resolution, which regulate the advance directives of will and substitute decision models adopted. Then goes on to address the legal and criminal consequences for the advance directives of will, especially those that may shorten the patient’s life or abandon the postponement. Finally, specifically deals with the existence or not of a space for presumed consent in matters disciplined by Resolution.