RECUSA TERAPÊUTICA DA PESSOA COM DEFICIÊNCIA MENTAL E INTELECTUAL

Abstract

: Therapeutic refusal, meaning the right to refuse health treatment, is a right that derives from the autonomy of the human person to practice existential acts and, therefore, is not limited to his civil capacity, being fully guaranteed to all, including people with mental and intellectual disabilities, whose will in the existential field should be preserved as much as possible. However, it is a fact that practical situations may occur in which the handicapped person has limitations that prevent him from expressing his will, or his refusal clashes with the understanding of his curator, giving rise to conflicts between fundamental rights, which need to be solved and, to do so, the weighting technique must be used. In an attempt to analyze these difficult issues, this study was carried out, concluding that the solution that most preserves the dignity of the person with mental and intellectual disability should always prevail.