Aplicação de Visual Law para eficácia do direito à autodeterminação no consentimento médico informado à luz dos direitos existenciais

Abstract

The effectiveness of the right to self-determination in doctor-patient relationships requires a detailed analysis, especially with regard to the process of obtaining informed consent. In this aspect, the dignity of the human person has become an important contemporary foundation that, under the protection bias, prohibits human objectification in favor of collective well-being. The essential core that composes this principle refers to three complementary dimensions: the intrinsic value of the human person, social understanding and autonomy. This, in turn, translates into the individual's potential for self-determination. In this logic, Bioethics and Biolaw rise as fundamental disciplines for systemic analysis between the biomedical and human sciences, whose majority doctrine suggests beneficence, non-maleficence, justice and autonomy as basic components of the bioethical sphere. From the classical perspective, the principle of beneficence aimed at maximizing benefits, albeit at the expense of their autonomy. However, the contemporary approach presupposes the observance of the dignity of the human person, expressed through the exercise of the individual's self-determination. In this way, the paternalistic bias that, for many years, prevailed over the doctor-patient bond, gives space to the subject's existential autonomy. Furthermore, prior, free and informed consent has become a requirement in preventive, therapeutic and diagnostic medical interventions, appearing in several national and international legal documents. By instituting this premise, the adequate and sufficient transmission of information is highlighted, above all, due to the Brazilian constitutional foundation, based on the principle of transparency. Thus, the technical vulnerability of the patient requires a detailed treatment of the form and content that make up the process of obtaining informed consent. In this perspective, attentive to technological changes, the use of Visual Law is used as a technical approach to enhance the understanding and effectiveness of the information transmitted in the doctor-patient relationship. This new form of legal communication aims to optimize the free and informed consent process and minimize possible legal demands. Thus, the study will seek to analyze the feasibility of applying strategies that facilitate the process of informational understanding to improve communication between physicians and patients. After identifying the main obstacles to the effectiveness of the right to self-determination, it will intend to apply Visual Law techniques for the elaboration of the informed medical consent form. Given the thematic complexity, the research will use the inductive method, with an applied approach and bibliographic, documentary and jurisprudential procedure.