In cases where the majority of people are indisputably incapable of taking decisions, the State may temporarily assume responsibility until the legal guardian has been defined. The same applies to minors without parents who are in the custody of the State until a guardian is appointed. Parents, guardians and curators are legal representatives because they receive by law the foundation that accredits them to represent the incapable in all actions of civil life. Minors (minors, prohibited persons and others) exercise their rights©through their legal representatives (art. 84). Paragraph 2 further specifies that “the termination of involuntary hospitalization must be at the written request of the family member or guardian (our griffin) or after determination by the specialist responsible for treatment”. Therefore, these conditions would allow children under the age of 18 and over the age of 16 to personally exercise their condition of responsibility for acts of civil life. Before the age of 18, if the conditions immediately above (16 years or older) are not provided, the person needs someone who is legally responsible for their actions. consent of the legal representative; medical ethics; Civil liability The Civil Code, again with regard to minors over 16 years of age, provides in article 5, paragraph alone, that “the incapacity of minors shall cease”: (a) Immediate notification by the Education Centre of the reception, transfer, unauthorized absence, issuance or suspension of exit permits; as well as illness, accident or other serious circumstances related to the minor; This need to define the legal boundaries of the term serves to inform physicians of the kind of ethical and legal protection it affords us when used in procedures, whether with patients or with research subjects. V – by the civil or commercial establishment or by the existence of an employment relationship, provided that the minor claims to have his own economy at the age of 16. Decisions that physicians make in their dealings with these patients without being able to decide, even if supported by the consent of the “guardians,” may have ethical or legal consequences.
In the latter case, in the field of justice, the consequences may arise in various areas, but in particular in civil law, which are related, inter alia, to the costs of treatment and compensation procedures for alleged errors in the profession and, in the criminal field, in the case of bodily injury (bodily injury). Therefore, it is important for the skilled person to understand that: The person responsible for the patient is not always recognized from an ethical and legal point of view. The status of legal guardian is a procedure that the doctor and public and private health institutions have found to try to divide their responsibilities in cases of patients who can not recognize when participating. Although this need is understandable from a legal point of view, the procedure results in judicial fraud and may raise important ethical and legal questions on the part of the patient after the end of his disability or by naming the heirs at the time of his death. The prodigal son, found in cases of bipolar affective disorder, offers constant problems due to impulsivity in their decisions. However, he is legally responsible for his actions, unless otherwise ordered by the court, by the legal procedure of prohibition, if then someone assumes the state of his legal guardian. It can be concluded that this person would ideally be the patient`s closest relative. Exemplary spouse, children, parents and collaterals. However, it is necessary to establish a certain degree of preference as to who should issue an opinion. In case of different opinions, for example between children, which would be more appropriate to be the representative? (The oldest, the next, the most enlightened?). Is the legally liable party really liable? An ethical and legal question on the term A representaÇão legal ocorre quando um beneficiÁrio, civilmente incapaz, precisa ser representado perante o INSS. This representation may be supported by the born educator (father/mother) or by the person who holds judicial custody, tutorship, curatorship or who is considered a provisional administrator.
The authors discuss the ethical and legal meaning of the term “legally responsible” and question its limitations. They show that, in reality, it does not satisfactorily assume so-called legal responsibility, because for this it would have to find support in legal codes and norms, which is in fact not the case. Thus, the expression of legal representatives cannot allow the professional to support his professional activity in a normative ethical and legal manner. The physician no longer fails to “inform the patient of the diagnosis, prognosis, risks and goals of treatment, unless direct communication with the patient would cause harm, in which case communication is made to the legal representative”.1 In the case of the development of a research project in Aboriginal communities, Indians, if they are not cultivated and Therefore, a priori, who does not know the Brazilian legislation, because it belongs to a different culture, are considered partially capable. O fato do silvícola não aculturado ser parcialmente capaz deve ser levado em consideração quando o pesquisador solicitar o termo de consentimento livre e esclarecido. Neste caso, o responsável legal acha-se definido nos Estatutos da Fundação Nacional do Índio (FUNAI).4 The authors discuss the legal and ethical meaning of the term “consent of a third party” and question its limitations. It has been shown that it does not satisfactorily respond to the so-called consent of third parties, as this would require legal confirmation by legislation and standards, which is not the case. Therefore, when used, the term “third party consent” may not be able to provide the professional with the normative, ethical and legal support necessary for professional performance. Curiosamente, no Artigo 8 º da Lei nº 10.216, de 6 de abril de 2001, também conhecida como Lei Paulo Delgado, em seu § 2 º o legislador faz distinção entre familiar e responsável legal.
The article states: “Voluntary or involuntary hospitalization is authorized only by a physician duly registered with the Regional Board of Medicine of the state where the facility is located.” In addition, according to Article 2, `[t]he cessation of compulsory hospitalisation shall take place at the written request of the family member or his/her legal guardian or after determination of the specialist responsible for the treatment`. Therefore, even the figure of the familiar is not the one who unquestionably presents himself as the most capable of making decisions. Although it is understood that the term “or” is observed there (“. family members or legal representatives… “), presents the second only as an option if the first does not exist. Again, we observe the number of “legal guardians” identified in CFM Resolution No. 1.598/00 is mentioned in article 16: “In the case of involuntary hospitalization, the doctor who performs the intervention must indicate in the medical file the reasons for the hospitalization, as well as the reasons for the patient`s lack of consent in this case, if the consent of a legal guardian is obtained.” 5.2 – The minor, the parents, the legal guardian or the person having custody of him and the defence lawyer shall have access to the information referred to in the preceding paragraph in accordance with the law, whenever they request it and the court authorizes it. Is the legal guardian really liable? an ethical and legal consultation of the term In the legislation, there is a clear definition of the number of legal responsibilities for each of the above-mentioned situations: in the case of minor children, the parents are responsible; in the case of minors without parents who receive this information, they have appointed the guardian also in Juãzo, and for the older ones, with judgment engaged, are. Again, we have the figure of the guardian without a clear definition.
If the hospitalization is minor, with defined parents, we can find a guardian in the figure of one of them. And even then, we may have conflicts of interest between the two. However, we will have the support of one of them. If you are a minor, without a defined guardian, ask yourself: Who will be your legal guardian? A legal person: the little judge, no doubt. And in the case of an indiscriminate adult. A parent? Also in the legal field, article 15 of the Civil Code stipulates: “No one may be compelled to undergo life-threatening medical treatment or surgery”. In practice, the doctor is in situations where there is a risk of death for performing a particular procedure, which is understood as necessary, but the patient is unconscious and unable to decide.