Revista ESASP - Revista Científica Virtual da Escola Superior de Advocacia da OAB/SP
Welcome to Revista ESASP - Revista Científica Virtual da Escola Superior de Advocacia da OAB/SP Founded in 2009, the ESASP Journal is a Diamond Open Access scientific journal operating on a continuous publication model. Committed to excellence, academic rigor, and ethical integrity, the journal serves as a qualified platform for the dissemination of legal knowledge, with no submission or article processing charges (APCs), contributing to the democratization of access to scientific production. Mission and Scope The ESASP Journal aims to foster contemporary legal debate through the publication of original research of high scientific relevance, contributing to the critical development of legal scholarship in Brazil and in dialogue with the national and international academic community. Its editorial scope focuses on the analysis of legal phenomena in their multiple dimensions, with an emphasis on critical, interdisciplinary, and transversal approaches that connect Law to current political, economic, technological, and social challenges. The journal prioritizes studies examining the interactions between Public and Private Law, as well as the impacts of institutional transformations, international dynamics, and digital innovations on legal systems, including issues related to Human Rights and Socio-Environmental Justice. The journal’s thematic breadth is supported by a multi-level editorial structure composed of an Editor-in-Chief, Executive and Associate Editors, and a Scientific Editorial Board with consultative and deliberative functions, including scholars affiliated with national and international institutions. This structure ensures the proper distribution of editorial responsibilities and coherence between the journal’s scope and its scientific evaluation capacity. The continuous submission flow is managed rigorously by the editorial team, which conducts initial screening (desk review), assigns manuscripts to specialized reviewers, and oversees the editorial process through to final decision. The Scientific Editorial Board supervises academic guidelines and consolidates editorial policies, ensuring that published works meet high standards of quality, relevance, and scientific integrity. In this way, the ESASP Journal ensures that its thematic diversity is supported by consistent editorial governance, capable of sustaining scientific rigor, transparency in editorial processes, and the academic relevance of its publications. Editorial Policy and Scientific Rigor The journal adopts a Double-Blind Peer Review system, ensuring impartiality and academic quality. Its editorial workflow follows transparency guidelines and best practices in publication ethics recommended by COPE (Committee on Publication Ethics). The journal publishes original articles (empirical or theoretical), academic essays, and critical reviews, serving as a reference space for undergraduate and graduate (lato and stricto sensu) researchers. Indexing and Visibility The ESASP Journal is indexed in important national and international directories and databases, such as Google Scholar, Miguilim, LatinREV, and ROAD, reaffirming its commitment to expanding visibility and democratizing scientific knowledge. All content is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0). ISSN: 2175-4462 Fees: None (Diamond Open Access) Periodicity: Continuous Publication History: Published continuously since 2009. Transparency and Archiving Statement To ensure historical integrity and digital preservation, retrospective issues (2009–2022) are available in a digital archive on ISSUU. Since 2023, the journal has adopted the OJS (Open Journal Systems) platform for editorial management and long-term digital preservation.
Escola Superior de Advocacia da Ordem dos Advogados do Brasil, Seção São Paulo (ESA OAB/SP)
This journal provides immediate open access to its content, based on the principle that making scientific knowledge freely available to the public supports a greater global exchange of knowledge. All articles are published under the Creative Commons Attribution 4.0 International License (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided that the original work is properly cited.
This editorial announces the shift in the publication model of Revista ESASP starting in 2026. The journal adopts continuous publication, featuring a single sequential numbering system without division into volumes: articles, essays, and research studies approved through blind peer review will be published individually in PDF and HTML formats as soon as editorial preparation is completed. It is argued that this model eliminates the waiting time imposed by the closure of discrete issues—an aspect particularly relevant in the field of Law, which is characterized by the rapid pace of legislative and jurisprudential developments—and aligns with practices already adopted by leading Brazilian legal journals. The text contextualizes this change within a broader effort to strengthen editorial infrastructure and interoperability, backed by a consolidated presence in indexers and open-access networks (Miguilim, Diadorim, ROAD, Oasisbr, BASE, and LatinREV), adherence to the DOAJ Basic Criteria and the Diamond Open Access Standard (DOAS) of the DIAMAS project, and alignment with IBICT services dedicated to Brazilian scientific journals. URL stability, metadata integrity, and the Diamond Open Access model are reaffirmed, with no submission or article processing charges (APCs). Finally, the editorial maintains that the change in publication frequency does not alter the journal's core premises—editorial independence, dogmatic and critical plurality, the rigor of double-blind review, and the social function of scientific publishing—while preserving the scheduling of thematic dossiers alongside non-themed submissions.
Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
The drafting of procedural documents by artificial intelligence and its compatibility with the Code of Civil Procedure
This article analyzes the compatibility of drafting procedural documents using artificial intelligence tools with the Code of Civil Procedure (CPC). The research is grounded in the distinction between authorship and legal imputation, arguing that Brazilian civil procedural law does not require intellectual authorship in drafting petitions, but rather postulatory capacity and responsibility from the subscribing attorney. Copyright and procedural obstacles are dismissed, demonstrating that the use of AI in advocacy is fully valid provided that the duties of veracity, diligence, and professional ethics are met. The study examines the symmetry with the Judiciary's use of AI (CNJ Resolution No. 615/2025), the regulation by the Brazilian Bar Association (OAB Recommendation No. 001/2024), and the management of hallucination risks through human oversight. It concludes that human centrality in judicial proceedings is realized through responsible imputation rather than textual typing, establishing a regime of conditioned AI use in legal practice.
Código de Processo Civil – 10 anos: balanços, desafios e perspectivas contemporâneas
Copyright (c) 2026 Adriano Ferreira (Autor) https://creativecommons.org/licenses/by/4.0
CPC/2015, juristocracy, and the limits of judicial creativity: enforcement effectiveness, legal certainty, and hermeneutic self-restraint
This article examines the tension between executive effectiveness and legal certainty under the 2015 Civil Procedure Code (CPC/2015). It posits that the CPC/2015 serves as a project for rationalization, coherence, and predictability, rather than mere procedural acceleration. Within the framework of "juristocracy," the study argues that judicial interpretation beyond literalism is often necessary due to the open texture of legal language and rapid social change. However, this interpretive expansion finds its limit when it neutralizes objective criteria and express legislative choices. The analysis focuses on two core issues: the application of atypical enforcement measures (Art. 139, IV) and the controversy surrounding the garnishment of salaries below fifty minimum wages for non-alimony debts (Art. 833, IV). While enforcement effectiveness is a constitutionally protected right of the creditor to timely and useful judicial protection, it must not erode the debtor's fundamental rights or substitute legislative balancing. The study concludes that judicial legitimacy in a Democratic State of Law requires hermeneutic self-restraint, rigorous legal reasoning, and due regard for the practical consequences of judicial decisions.
Copyright (c) 2026 Domingos Rodrigues Pandelo Junior (Autor) https://creativecommons.org/licenses/by/4.0
Passive Standing in Writs of Mandamus Ten Years after the Brazilian Code of Civil Procedure (CPC/2015): Correction of the Defendant Party in Light of the Brazilian Consumption Tax Reform
This paper examines the regime of standing to be sued in the Brazilian writ of mandamus one decade after the 2015 Code of Civil Procedure came into force. It starts from the Code's central innovation, which replaced the former third-party nomination mechanism with the general technique of correcting the defendant (articles 338 and 339), an expression of the primacy of adjudication on the merits. The assessment of the Superior Court of Justice's case law on the designation of the respondent authority reveals significant advances, marked by the consolidation of the encampação doctrine (assumption by superior authority) through Precedent 628, yet also discloses a critical exception: whenever the correction of the defendant entails a change of jurisdiction, the court denies both that doctrine and the amendment of the complaint, resulting in dismissal without adjudication on the merits. The consumption tax reform litigation transforms that exception into a central issue. The Tax on Goods and Services, established by Constitutional Amendment No. 132/2023, combines centralized governance exercised by a Managing Committee seated in the Federal District with decentralized enforcement among local tax administrations, converting the excusable error in designating the respondent into a structural risk. In light of the Code's fundamental norms, this study argues that referral of the case to the competent court (articles 338, 339 and 64, § 3) would offer a more adequate response than dismissal, although it is necessary for case law to consolidate this interpretation in the coming years.
Copyright (c) 2026 Bruna Rafaella da Silveira Vasconcelos, Priscila Luciene Santos de Lima (Autor) https://creativecommons.org/licenses/by/4.0
The “Hybrid Patrimony” in Families of the Elderly: Evidentiary and Succession Challenges Post-STF Theme 1,236
The recent ruling on Theme 1,236 by the Supreme Federal Court (STF) eliminated the mandatory property separation regime for individuals over 70, granting them the right to choose their marital property regime via public deed. However, the prospective effect (ex nunc) of the decision creates a complex “hybrid estate” in preexisting unions. This article analyzes the legal consequences and patrimonial implications of this modulation for couples changing regimes. Adopting an applied, qualitative, and exploratory-descriptive approach, the study employs the deductive method grounded in bibliographic review and critical-propositional documentary-jurisprudential analysis. Findings show that this temporal division triggers STF Precedent No. 377 for the prior period, which, under Superior Court of Justice (STJ) case law, requires material proof of joint effort. This scenario creates evidentiary uncertainty, converting newly acquired autonomy into potential inheritance litigation. The study concludes that removing statutory restrictions is insufficient to protect older adults, rendering estate planning essential during regime modification. Attorneys and notaries must guide the settlement of preexisting assets through express declarations on communicability in the public deed, securing genuine autonomy and family stability.
Applied Social Sciences and Interdisciplinarity
Copyright (c) 2026 Marcela Evelyn Paiva de Azevedo (Autor) https://creativecommons.org/licenses/by/4.0
Ten Years of The Code Of Civil Procedure: between the Constitutionalization of the process and the structural crisis of the Brazilian Justice System
The first decade of the 2015 Code of Civil Procedure`s implementation represents a significant milestone in the evolution of Brazilian civil procedure. This procedural code was conceived under the strong influence of the 1988 Federal Constitution and structured around values linked to procedural cooperation, substantial adversarial proceedings, the justification of judicial decisions, and the pursuit of effective judicial protection. Despite the principled advances promoted by the new Code, the practical reality of the Brazilian justice system reveals the persistence of structural obstacles that compromise the efficiency of judicial services. The persistence of procedural delays, court congestion, excessive litigation, and a culture of appeals demonstrate that the contemporary challenges to acess to justice transcend simple legislative changes. This review develops a critical analysis of the ten years of validity of the CPC/2015 (Brazilian Code of Civil Procedure), arguing that the legislation brought important theoretical and institutiona advances, but that the crisis in the Brazilian justice system stems, above all, from structural limitations of the judicial system itself.
Copyright (c) 2026 Giselle Silva Farinhas (Autor) https://creativecommons.org/licenses/by/4.0
The Principle of Cooperation and Adjudication from a Gender Perspective
This article analyzes the relationship between the principle of cooperation, introduced by the Brazilian Code of Civil Procedure of 2015, and gender-sensitive adjudication, guided by Recommendation No. 128/2022 of the National Council of Justice. It aims to demonstrate how the interdisciplinarity between procedural law and human rights is essential for building a democratic, inclusive, and gender-sensitive judicial process. Initially, the study examines the principle of cooperation as a mechanism of dialogue and participation among procedural actors, highlighting its practical duties and its connection with constitutional values. Subsequently, it addresses gender-sensitive adjudication as an ethical commitment of the judiciary, capable of preventing the reproduction of stereotypes and ensuring fairer decisions in cases of domestic violence, child custody, and workplace harassment. The interdisciplinary approach shows that the judicial process is not neutral and must be interpreted in accordance with international human rights treaties, such as CEDAW and the Belém do Pará Convention. The case study of Maria da Penha illustrates the importance of cooperation and gender perspective in achieving justice and overcoming invisibility and delays faced by victims. The joint application of cooperation and gender-sensitive adjudication constitutes an indispensable tool for transforming the judicial process into a space for promoting human dignity and equality, while addressing cultural and institutional challenges and strengthening the judiciary’s role in protecting fundamental rights.
Copyright (c) 2026 Renata Maldonado Silveira Romão, Rafaela da Silva Cassimiro (Autor) https://creativecommons.org/licenses/by/4.0
The Drum the State Does Not Hear: Programmatic Silence and Structural Racism in Brazilian Education (2003–2025)
This article analyzes how Afro-Brazilian percussion is regulated in Brazilian federal normative documents between 2003 and 2025. The general objective if the Brazilian State silences Afro-Brazilian percussion in the regulatory frameworks of basic education, despite the dual obligation created by Law n. 10.639/2003 and Law n. 11.769/2008. The methodology is qualitative documentary research with categorical content analysis, applied to thirteen federal normative documents. The results show that regulation operates through two structural mechanisms: contingency, which mentions percussion generically without guaranteeing its effective inclusion, and subalternization, which frames it as folklore or regional instrument, denying its epistemological specificity. The concept of programmatic silence is proposed to name this phenomenon, differentiating it from epistemic erasure,. curricular silencing and normative invisibilization It is concluded that programmatic silence is an expression of structural racism in the educational field, and that overcoming it requires affirmative regulation, participation of terreiro communities and reform of teacher training documents.
Direito e Hierarquias Raciais: Conflitos, Permanências e Possibilidades de Transformação
Copyright (c) 2026 Tiago Santiago (Autor) https://creativecommons.org/licenses/by/4.0
Remission Without Remuneration: Institutional Racism and Prison Labor in Maranhão (2022–2025)
This article examines the expansion of prison labor in the Maranhão penitentiary system between 2022 and 2025, situating it within the racial hierarchies that structure the Brazilian penal system and the tensions between the normative promise of the Prison Enforcement Act (LEP) and its concrete application on Black bodies. Drawing on historical series from the National Penitentiary Information System (SISDEPEN), the research shows that while approximately 73% of incarcerated men participated in labor activities by the end of the period, about 94% of those activities were carried out inside prison facilities and two-thirds of workers received no direct remuneration, in systematic violation of Article 29 of the LEP. The population affected by this pattern is composed predominantly of Black and Brown individuals (≈85%), revealing that the racial selectivity of the penal system does not end at criminalization but extends and deepens through sentence enforcement. We argue that prison labor in Maranhão operates as a racially oriented carceral management device: the formal-legal dimension of sentence remission is consistently applied, while the economic counterpart owed to the Black worker remains systematically withheld. Law, in this arrangement, is not neutral, but the field in which racial hierarchies are simultaneously legitimized and potentially contested.
Copyright (c) 2026 Diego Lima cunha, Dr. Luíz Eduardo Simões de Souza, João Pedro Câmara Pereira (Autor) https://creativecommons.org/licenses/by/4.0
10 Years of The CPC in The Post-Digital Society: The Sniper System and the need for an algorithmic due process
This article analyzes the ten years of the 2015 Civil Procedure Code from the perspective of the Post-Digital Society, investigating the challenges imposed by algorithmic opacity in contemporary civil enforcement. Given the recognition of the digital environment and the autonomy of digital assets by the Civil Code Reform Preliminary Project (2024), an operational insufficiency of state asset investigation tools is observed, especially the SNIPER system. Although created to provide speed and efficiency, these mechanisms operate under the technological "black box" phenomenon. The central issue lies in the substantive unconstitutionality of opaque judicial decisions and automated reports that, by withholding explainability regarding the tracking and restriction of dematerialized assets and cryptoassets, frontally violate the non-surprise principle, substantial adversary system, and human dignity, fostering patrimonial violence and fraud. As a procedural response to this gap in human control, the implementation of the Algorithmic Due Process Incident (IDPA) is proposed. This is an incidental and cognitive pathway capable of ensuring the transparency, auditability, and governance necessary to safeguard fundamental guarantees and the effectiveness of judicial protection in the era of algorithms.
Copyright (c) 2026 Simone Gomes Leal (Autor) https://creativecommons.org/licenses/by/4.0
Third-Party Intervention and the Inclusion of Insurers in Consumer Actions under the Consumer Defense Code, the 2015 Civil Procedure Code and the New Insurance Act: A Historical and Updated Interpretation of STJ Case Law
This article analyzes the applicability of third-party intervention for the joinder of insurance companies in consumer lawsuits brought against the insured, criticizing judicial decisions that prohibit such participation based on flawed interpretations of the Superior Court of Justice (STJ) case law. It is argued that the consumer protection prohibition against impleader (denunciação da lide), provided in Article 88 of the Brazilian Consumer Defense Code (CDC), was established to prevent debates regarding fault-based liability among members of the same supply chain, which is alien to the protection requested by the consumer. However, this rationale cannot be transposed indistinctly to insurance contracts, given their distinct legal nature compared to supply chain entities. The landmark STJ precedent (REsp 1.165.279/SP), while expanding the restriction on impleader among suppliers within the consumer chain, expressly exempted the inclusion of insurers pursuant to Article 101, II, of the CDC. Furthermore, under Law No. 15,040/2024 (Private Insurance Law), the participation of insurers in consumer litigation is subject to a specific statutory framework that allows their procedural inclusion without establishing joint and several liability with respect to the original claim. In light of the principle of instrumentality of forms, third-party intervention may occur through call to the process (chamamento ao processo) or impleader (denunciação da lide)—the latter being technically best aligned with the structure of insurance relationships. The article concludes that the only interpretation entirely incompatible with the legal order is the absolute prohibition of any procedural intervention by insurance companies.
Copyright (c) 2026 Murilo Magacho Filho, Flávio Bastos (Autor) https://creativecommons.org/licenses/by/4.0
Forms of domestic and family violence against women provided in law 11,340/2006.
The research aims to explain domestic and family violence and detail the five forms provided for in Article 7 of the Maria da Penha Law: physical, psychological, sexual, patrimonial, and moral. It addresses the historical context of Law 11,340/2006, related international treaties, and the cycle of violence — composed of tension, explosion, and "honeymoon" phases — aiming to assist in identifying and breaking abusive relationships. Received: October 2023 | Accepted: December 2023
Copyright (c) 2023 Wallas Richerd Trovelli (Autor) https://creativecommons.org/licenses/by/4.0/
Improvement contribution and The Democratic State of Law.
This descriptive work aims to identify and describe the main theories underlying conflict mediation . It describes Bertalanffy's general systems theory, first and second-order cybernetics, Maturana and Varela's autopoiesis — with brief contributions from Niklas Luhmann's theory — and Edgar Morin's complex thinking. The study addresses the lack of explicit epistemological bases for the institute in official materials. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Vinicius Carvalho Carreira, Marianne Ramos Feijó (Autor) https://creativecommons.org/licenses/by/4.0/
The Obligation of States to Observe International Conventions
Studies ADI 7,028/AP and the prevalence of international treaties (Decree No. 6,949/09) over state laws to ensure full inclusive education for persons with disabilities. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Tiago Augusto Pereira de Oliveira (Autor) https://creativecommons.org/licenses/by/4.0/
The Reflexes of the COVID-19 Pandemic on Family Law
Analyzes the compulsory changes in custody, visitation rights, and alimony caused by social isolation, highlighting the role of jurisprudence in protecting the health of minors. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Thais Fernanda Silva Teodoro (Autor) https://creativecommons.org/licenses/by/4.0/
Unconstitutionality of Progressive Rates in National Career RPPS
Argues that unequal progressive social security rates between States and the Union for judiciary and teaching professions violate the tax equality of national-level careers. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Ramon Leandro Freitas Arnoni (Autor) https://creativecommons.org/licenses/by/4.0/
The Civil Non-Prosecution Agreement in the Context of PAD
Explores the feasibility of applying the ANPC, an instrument of the Misconduct Law, to administrative disciplinary proceedings for swift treasury reparation and consensual resolution. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Nilo Kazan de Oliveira, Gabriela Silveira (Autor) https://creativecommons.org/licenses/by/4.0/
The "Lifetime Review": A Brief Analysis of Decay and Equality of Rights
Evaluates the STF decision in Theme 1,102 and proposes that the 10-year limitation period should be counted only after the recognition of the right by the Supreme Court, aiming at material equality for the insured. Received: October 2023 | Accepted: December 2023
Copyright (c) 2023 https://creativecommons.org/licenses/by/4.0/
The Maria da Penha Law and forms of violence against women
Analyzes the protection of women in Law No. 11,340/2006, detailing forms of physical, psychological, sexual, patrimonial, and moral violence as serious human rights violations. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Marta Buchignani, Taís Marta (Autor) https://creativecommons.org/licenses/by/4.0/
Discusses the prison crisis, the failure in resocialization mechanisms, and the need to observe the principle of human dignity to reduce criminal recidivism. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Mariana Cristina Arnez (Autor) https://creativecommons.org/licenses/by/4.0/
Intrafamilial Child Sexual Abuse: An Intrinsic Problem in our Society
Analyzes sexual abuse committed by family members, the criminal responsibility of guarantors for improper omission, and highlights warning signs for the eradication of this domestic violence. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Leandro Galvão (Autor) https://creativecommons.org/licenses/by/4.0/
Civic and Political Education as a Tool to Foster Active Participation
Advocates for civic education as a pillar to combat political alienation and strengthen citizenship, presenting research results on the importance of teaching political science in schools. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Katia Cristina Gonçalves (Autor) https://creativecommons.org/licenses/by/4.0/
The Provision of IP User Data by ISP and Due Process of Law
Investigates the limits of administrative requests for connection data under the Marco Civil da Internet, highlighting the need for a judicial order for user identification and preservation of secrecy. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 João Guilherme Oliveira (Autor) https://creativecommons.org/licenses/by/4.0/
Copyright of Artificial Intelligence and its Reflexes in Comparative Law
Analyzes the legal challenges of intellectual property regarding autonomous machine creations, examining Brazilian legislation (which requires a natural person author) and international experiences in China, the USA, and Europe. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Iriana Maira Munhoz Salzedas (Autor) https://creativecommons.org/licenses/by/4.0/
Subsistence Agriculture - A Plural Alternative for Sentence Reduction
Proposes the implementation of horticulture in prisons as a means of sentence reduction and resocialization, aiming at reducing public costs and humanizing the prison system through food self-sufficiency. Received: October 2023 | Accepted: December 2023
Copyright (c) 2023 Ingrid Adriana Bezerra de Sá (Autor) https://creativecommons.org/licenses/by/4.0/
How is the Tax Base of ITBI Determined in Cases of Property Contribution to Holdings
Examines the controversies regarding the ITBI tax base in the formation of holdings, reconciling the theses of the STF (Theme 796) and STJ (Theme 1,113) on book value versus market value. Received: September 2023 | Accepted: December 2023
Copyright (c) 2023 Felipe Gonsales, Júlia Firetti (Autor) https://creativecommons.org/licenses/by/4.0/
Classical School and the Paradigm of Non-Differentiation/ Discernment of Minors in Conflict with the Law
Analyzes the historical evolution of criminology from the perspective of the Classical School, focusing on how children and adolescents were criminally held accountable without distinction from adults until the 19th century. Received: October 2023 | Accepted: December 2023
Copyright (c) 2023 Diego Marques da Silva (Autor) https://creativecommons.org/licenses/by/4.0/
Fundamental Social Rights and the Judicialization of Public Policies in the Democratic State of Law
Discusses the State's obligation to guarantee social rights and the role of the Judiciary and the lawyer in filling state omissions to ensure human dignity. Received: October 2023 | Accepted: December 2023
Copyright (c) 2023 Denise Carvalho Klaus (Autor) https://creativecommons.org/licenses/by/4.0/
Improvement Contribution and the Democratic State of Law
The article explains the Improvement Contribution in Brazilian Tax Law, addressing concepts, historical evolution, and legal requirements for its collection linked to real estate appreciation from public works. Received: October 2023 | Accepted: December 2023
Copyright (c) 2023 Bruno Florentino Matos , Letícia Gibelle (Autor) https://creativecommons.org/licenses/by/4.0/
Conflicts between rights: dignity, free will and the right to (dignified) life.
The article analyzes the tension between fundamental rights, focusing on the conflict between the right to life, human dignity, and individual autonomy (free will) in the context of end-of-life decisions. It criticizes state paternalism and proposes an interpretation of the right to life that transcends mere biological existence, advocating for the concept of "dignified life" and the patient's right to self-determination in cases of futile treatments or terminality. Received in: September 2023 | Accepted in: November 2023
Copyright (c) 2023 Rosana Chiavassa, Marcelo Chiavassa Mello Paula Lima (Autor) https://creativecommons.org/licenses/by/4.0/