Consentimento informado em intervenções médicas envolvendo pessoas com deficiência intelectual ou psicossocial e a questão das barreiras atitudinais

Abstract

This article analyzes the legal basis and judicial practice related to medical interventions involving persons with intellectual or psychosocial disabilities, under the focus of the paradigm adopted by the Convention on the Rights of Persons with Disabilities. Initially, it presents the legal discipline of informed consent. Then, it offers a panoramic view on judgments handed down both before and after the Disabled Person Statute. After, it indicates attitudinal barriers as the main obstacle to the effectiveness of the requirement of free and informed consent. In the last part, it suggests criteria for decision making considering the exceptional hypothesis of proven impossibility of obtaining informed consent from a person with intellectual or psychosocial disabilities.