CFM REGULATION AND CHALLENGES IN SOFT LAW APPLICABILITY IN TERMINALITY CASES

Abstract

Objective: The objective of the present study was to analyze how the main national soft laws related to terminality have been (or not) adopted in medical practice, indicating ways to overcome obstacles in their application. Methodology: We use a qualitative, descriptive and exploratory approach, with bibliographic review of articles, legal order and clinical works. Results: In the analysis, structural, institutional, technical-legal and social challenges related to terminality were found. Contributions: Based on results, measures of potential resolution were proposed: institution of palliative protocols; use of indicators to characterize terminality; use of scales to define prognosis; prediction of actions that contemplate the entire line of care; formalization of the inclusion of a patient in a protocol; establishment of rules on the definition of the legitimate representative, in case of impossibility of direct manifestation of the patient's will, and recording in minutes of meetings held with family members.

Keywords

• biodireito
• bioética
• terminalidade
• softlaw
• conselho federal de medicina
• resoluções