Self-determination and health capacity: a proposal of theoretical-normative framework

Abstract

This article aims to propose a reflection on the replacement of the concepts of private autonomy and civil capacity concerning patient health care in the Brazilian context, through the concepts of autonomy and sanitary capacity, in order to consolidate the understanding that civilian institutes are not adequate for supporting decisions about health care. Under the methodological prism, this study is a theoretical research. I have concluded that there is a long path in order to overcoming the anachronistic view that the civil incapable haven’t autonomy and, therefore, they do not have the right to be considered in decisions concerning their health and their bodies. This position shows incompatible with the derived norms from human dignity.