A teoria do "menor maduro" e seu exercício nas questões referentes à vida e à saúde : uma apreciação da situação brasileira.


IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia




The theory of "mature minor" considers a minor under certain circumstances capablr of giving informed consent authorizing his health care so dispensing with authorization from his parents or responsible. Originating in country system "Common Law"this theory is applied in developed countries and appears even in the laws of countries of "Civil Law". With the theory of "mature minor"it is analyzed the autonomy informed consent vulnerability and aspects of peripheral countries that can mitigate the application of theory of "mature minor" face social and economic vulnerability of child that can hamper his access to certain fundamental rights as respect to human person dignity right to health right to life. In this context it is analyzed to what extent this theory can be applied in Brazil with is adverse conditions imposed by society by poverty that becomes difficult the exercise of fundamental rights. It is the theory of "mature minor"in a bioethics approach of its main points as origin relevant legislations and its relationship with the principle of autonomy and informed consent.


right to life human dignity consent autonomy mature minor bioética direito à saúde direito à vida dignidade humana vulnerabilidade consentimento autonomia menor maduro direito vulnerability right to health bioethics

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