O direito de participação do adolescente em situações envolvendo saúde sexual e reprodutiva

Abstract

This is a scientific article which deals with children and adolescents’ rights, under the aegis of the Doctrine of Integral Protection. Specifically, this article aims to explore the progressive autonomy of children and adolescents, as well as the right of participation that arises from it, both rights recognized by the International Convention on the Rights of the Child, respectively, in Articles 5 and 12. Subsequently, the new paradigm of Civil Law, especially regarding Family Law, which is now seen from a more personalistic and humane bias, and from a significant change in parental authority institute, is discussed. In this context, the impossibility of representation in the exercise of fundamental rights is defended. The study is based on the right to sexual and reproductive health of adolescents, which is effective, for example, through access to consultations and has as one of the most relevant aspect the confidentiality between the doctor and the patient. Regarding this aspect, the normative apparatus existing in Brazil and that uses a comparative study with the Theory of Mature Men, which 2 had its origin in a paradigmatic case in United Kingdom, on the same subject, is explored. With such approach, the mechanisms to check the capacity to decide are addressed and it is verified that, although there is no closed model or set of determinated mechanisms, they can be useful and essential in the realization of the rights of adolescents. Finally, it is concluded that the responsibility for the measurement of the capacity it is not only concentrated in the hands of the doctor, since he or she can - and oftenly should - resort to the Bioethics Committee, to the judge and, whenever is possible, to the parents and the family members of the adolescent.