Living Will : An Analysis From the Foreign Law and a Leading Case Brasile

Conpedi Law Review

Carlos Eduardo Silva e Souza¹  Vladia Maria de Moura Soares Sanches² 

[1] Doutor em Direito pela Faculdade Autônoma de Direito de São Paulo.;Doutoranda em Direito pela Pontifícia Universidade Católica de São Paulo.;

关键词: Testamento;    Vida;    Liberdade;    Dignidade.;   

DOI  :  

来源: DOAJ

【 摘 要 】

This article aims to study the living will institute, that is, the last will that involves far more sublime and important human being, ie his own life when involved an infirmity of circumstance or record incurable physical damage of great physical suffering generators. In this sense, the initial idea is directed to understanding own researched object, that is, of what is to be effectively living will. Then they present the controversies they generate around the object of this research. By then, the issue is approached from the perspective of foreign law, appearing especially the specific regulations of the United States of Ame- rica, Canada, European Union, Britain, Spain, Portugal and Italy. Understood the living will that multiple perspective, the idea directs to understanding the issue regarding the human ability to test, when contrasted it with the provisions of their own national law. Finally, the concluding ideas are presented in a coordinated way in order to show the essence of the concerns that have fueled this study. The research was built through biblio- graphic research, documentary, and other sources of written information, which has used the qualitative approach method and deductive method of data analysis, with the help of intensive direct observation technique and method monographic procedure.

【 授权许可】

Unknown