AUTONOMY AND CAPACITY IN HEALTH CARE: THE ADMISSIBILITY OF REFUSES MEDICAL TREATMENT FROM FUNDAMENTAL ASSUMPTIONS
DOI:
https://doi.org/10.17058/rdunisc.vi65.14719Keywords:
autonomia, capacidade, informação, recusa a tratamento médico, vulnerabilidade.Abstract
This article aims to analyze the bioethical and legal foundations that legitimize the right to therapeutic refusal within the physician-patient relationship. We considered the right of refusal as a relevant aspect of the conception of the existential project of the individual. We investigated the concepts of autonomy, capacity, and vulnerability to measure the individual's condition for refusal, as well as to analyze the constitutional and infraconstitutional spectra of this right, considering its fundamental dimension. We investigate the role of information and understanding as legitimizing arguments for the conformation of the appropriate relationship. The research has a qualitative approach and consisted of a consistent theoretical survey through the analytic-discursive method.