(Im)Possibility of Judicial Reconstruction of the Relatively Unable Patient’s Will, Within the Scope of Medical Treatments
This article seeks to offer an answer to the following problem: is it possible to assure the patient, already in the condition of incapacity, some form of exercise of the right to decide on care and treatments that he wants, or not, to receive, despite not having done advance directives? The most re...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2021 |
| País: | Brasil |
| Institución: | Universidade Federal de Uberlândia (UFU) |
| Repositorio: | Revista da Faculdade de Direito da Universidade Federal de Uberlândia (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.www.seer.ufu.br:article/59476 |
| Acceso en línea: | https://seer.ufu.br/index.php/revistafadir/article/view/59476 |
| Access Level: | acceso abierto |
| Palabra clave: | Diretivas antecipadas Incapacidade relativa Autonomia privada Reconstrução judicial de vontade Advance directives Relative disability Private autonomy Judicial reconstruction of will |
| Sumario: | This article seeks to offer an answer to the following problem: is it possible to assure the patient, already in the condition of incapacity, some form of exercise of the right to decide on care and treatments that he wants, or not, to receive, despite not having done advance directives? The most relevant aspects of private autonomy were studied, within the scope of the doctor-patient relationship, supported by scientific inductive and deductive methods, through bibliographic and documentary research. Currently, only lucid patients, or those who have formalized advance directives, before becoming incapable, are recognized the right to decidewhich medical treatments they accept, or not, to receive. The hypothesis points to the judicial reconstruction of the will as an alternative that can adequately promote the exercise of the private autonomy of disabledpatients, when in situations of risk relevant to one's own health. In the end, it concludes by the legitimacy of the judicial reconstruction of the will, based on compatible interpretation with the legal treatment given to the person incapacitated, which takes into account her subjective wills and preferences. |
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