THE REFUSE OF MEDICAL TREATMENT BY CHILDREN AND ADOLESCENTS: AN ANALYSIS FROM THE GILLICKS COMPETENCE

• Autor(a) principal: Sillmann, Marina Carneiro Matos
• Data de Publicação: 2015
• Outros Autores: Sá, Maria de Fátima Freire
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Direito Civil em Perspectiva
• Texto Completo: http://www.indexlaw.org/index.php/direitocivil/article/view/720
• topic: Gillicks competence, Refuse of medical treatment, Children and adolescents, Parental authority; Competência de gillick, Recusa de tratamento médico, Criança e adolescente, Autoridade parental

Debates about the refusal of medical treatment emerge from the exercise of patients autonomy. In relation to this possibility applied to children and adolescents the situation proves complex because, although they have their personality rights safeguarded, lack the legal capacity to make decisions. Such questions go through the analysis of the extent and limits of parental authority in the face of the child and adolescent autonomy. The parental decision-making must observe, on the one hand, the duty of care inherent in parental authority and on the other, the autonomy of the smaller within the limits outlined by the law, in particular the Statute of Children and Adolescents. As human beings in the development process, the child and adolescent have the right to liberty, respect and dignity, among others (Art.15, Statute of Children and Adolescents). In this sense, this study presents us with cases like Hannah Jones and Reece Puddington, where, despite the young age, opted for refusing cancer treatment. This paper analyzes the Gillick case, occurred in England, which brought the Gillicks Competence as a parameter to determine the discernment of person under sixteen years, verifying the possibility of their use by Brazilian law. To realize this study, will be used to theoretical research. In turn, the method to be used in the search will be through the monographic study and legislative works that addressed the issue of refusal of medical treatment for children and adolescents. The technique to be employed in carrying out the research will be thematic and textual analysis, obtaining concepts and theories already formulated on the subject and capturing the most relevant issues of the same.