O direito de recusa a tratamento médico: os efeitos de uma análise ponderada entre o artigo 15 do Código Civil e o do 146, §3, i do Código Penal

Abstract

The imminent work aims to analyze, through a qualitative methodology, the right to refuse medical treatment arising from the exercise of autonomy belonging to the individual, as an intrinsic right to this. As if it is intended a deepening in the current scenario, through the observation to the doctor-patient relationship, which ends under a new model, where both parties are autonomous to make decisions. However, the question arising from the legal reflections present in this article is concerned with knowing to what extent the duty of the medical professional can interfere with the patient's right to decide which attitude to adopt regarding the practice or not of therapeutic treatment. The present study aims to verify the existence or not of the concreteness regarding the right to life, encompassing legal and cultural issues, together with the issue of the relationship with the criminal area, and the effects intended for society arising from such theme.