08/05/2026
In February 2026, the documentary series “The Will: the Secret of Anita Harley” was released on Globoplay, which once again puts under the spotlight the judicial dispute over the billionaire estate of the main shareholder of Casas Pernambucanas.
In November 2016, Anita Harley suffered a stroke and has remained in a coma ever since. Without biological children and without a defined successor for the management of her businesses, a complex dispute for power began, bringing to light relevant discussions within the scope of Family Law, especially regarding the recognition of a common law marriage and socio-affective filiation.
Among the central themes, there is also the so-called “living will”, drawn up by Anita in 1999, when she was fully lucid. In the document, she appointed her assistant, Cristine Rodrigues, as health proxy, granting her powers to make medical decisions in the event of incapacity.
Despite this, the document was judicially voided, on the grounds of uncertainty regarding the real choice of the businesswoman. The decision reignited the debate about the validity of “Diretivas Antecipadas de Vontade” (“D.A.V.”) in Brazil.
The living will, provided for in Resolution of the Federal Council of Medicine (CFM) No. 1,995/12, as a type of D.A.V., is an instrument through which the testator records their medical decisions for situations of incapacity, and may also indicate a healthcare representative, who will ensure that their medical decisions are complied with. Until recently, there was no specific legal provision on the subject, and its validity was based on the interpretation of constitutional and infra-constitutional norms. However, in April 2026, Law No. 15,378/2026 (Patient Statute) was enacted, which expressly regulating D.A.V. and ensuring observance to the choices of the testator.
Notwithstanding the above, if Anita Harley’s objective had been solely the appointment of a representative, it would be more advisable to formalize an instrument for the appointment of a guardian, based on Civil Code and on the Civil Procedure Code provisions.
Such instrument tends to provide greater legal certainty to the choice of the person responsible in situations of incapacity, being suitable not only for health and personal care but also for the management of the holder’s assets, regardless to the preparation of a living will that would provide for procedures related to care and medical treatments.
Co-authored by: Marcelo Trussardi Paolini and José Silvano Garcia Junior
