A insuficiência do modelo abstrato de capacidade civil frente à autonomia: possibilidade do adolescente formular diretiva antecipada de vontade

Abstract

The text analyzes the possibility of adolescents to formulate advance healthcare directive, due to the insufficience of the abstract’s model capacity in the Civil Code. This abstract model prevents the improvement of mechanisms that take into consideration the real degree of discernment of the incapable, subtracting the subjectivity of each individual. From the moment autonomy is conceived as a possibility of choice, whose content must be filled by the person itself according to its interests, whether it is correct or not under the social viewpoint, it can be departed from the state and parental heteronomy on the adolescent, opening up space to make decisions on their own health, achieving your autonomy and, as the last end, your dignity. Founded in Dworkin’s understanding, this article advocates that the self-creation process admits acratic choices because the recognition of an individual autonomy right allows each individual to be responsible for the configuration of his life according to his own personality.