Voluntad anticipada en Ecuador. Regulación jurídica desde un enfoque de la autonomía y la capacidad

Abstract

This research paper presents a legal analysis of advances directives in Ecuador, understood as the procedure through which an individual, while fully competent, expresses in advances their preferences regarding medical treatments they wish to accept or refuse in the event of losing decision – making capacity. Based on a theoretical framework that incorporates the principles of autonomy, legal capacity, and human dignity, the study explores the feasibility of recognizing this mechanism within Ecuadorian law, despite the absence specific regulation. The analysis includes a comparative examination of the legal frameworks of Spain and Colombia, whose advancements in legislation and jurisprudence offer valuable models for developing coherent regulation at the national level. The study concludes that compliance with previously expressed directives constitutes a tangible expression of informed consent, the right to the free development of personality, and the right to die with dignity, all of which are constitutional principles currently recognized in Ecuador. Finally, the research proposes normative and technical guidelines for integrating this figure into the Ecuadorian legal system, ensuring legal certainty, the protection of fundamental rights, and consistency with Civil Law.