O Consentimento Informado como Forma de Proteção à Autonomia do Paciente e a (In)Aplicabilidade da Teoria do Menor Maduro nas Intervenções Médicas

Abstract

Informed consent is an ethical obligation on healthcare professionals to provide information to the patient about the benefits, risks and consequences of treatment offered to cure some diseases. It emerged as a way to prevent the paternalistic conduct of doctors, emphasizing the fundamental right of autonomy, ensuring patients Will and provinding him the final decision about medical proposals. However, patients considered to be incapable on the grounds of age have limitations on their personality rights, Brazilian law doesn’t allow them to consent to the interventions suggested. Some countries adopt the theory of mature minors, considering that not only the age criterion can define a minor's ability but also your maturity level. In addition, the Brazilian Civil Code doesn’t adopt special majorities in medical conduct. Therefore, the progressive autonomy of the underage patient isn’t a criterion used by the country. From these bases, it was possible to observe that the theory of the mature minor finds no shelter in the Brazilian legal system, so as to make the manifestation of the will of incapable persons in the scope of doctor-patient relations unfeasible.