Abstract

BOMTEMPO, Tiago Vieira. The legal capacity of mental patients and disabilities with the new Argentinian Civil and Commercial Code - parallel with the Status of the Disabled Person in Brazil in medical-patient relationship. Rev. Bioética y Derecho [online]. 2020, n.49, pp.155-171.  Epub Oct 19, 2020. ISSN 1886-5887.

This article discusses the innovations brought with the Argentine Civil and Commercial Code, along with a parallel with the Statute of the Person with Disabilities in Brazil, whose laws were in line with the New York Convention of 2006. The research was based on the analysis of documents normative and authors of civil law and bioethics, in order to question how the manifestation of will of the mentally ill in the doctor-patient relationship will take place. To do so, it will be initially addressed what changes have occurred in civil capacity in the Argentine legal system. Afterwards, the relationship between autonomy and competence and its configuration in the doctor-patient relationship will be discussed, after entering into the consent of the mentally ill. Finally, the treatment given to such individuals with two countries will be compared.

Keywords : argentine civil code; status of persons with disabilities; autonomy; informed consent; mentally ill.

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