Existe dever médico de tratar arbitrariamente? a repercussão jurídicopenal da omissão do médico que respeita a recusa terapêutica do paciente grave

Abstract

This study addresses the debate on the existence of a medical duty to treat autonomous, critically ill patients who refuse medical treatment with the potential to cure the illness or prolong life with dignity, analyzing paternalistic and autonomist perspectives dialectically. The discussion is permeated by ethical, moral, and legal dilemmas, exemplified by practical cases of patients who died after therapeutic refusal accepted by the doctor. These practical cases will serve as empirical tests to apply the conclusions obtained throughout the investigation, with the aim of verifying the penal repercussions of the doctors' omission in interrupting or not initiating treatment rejected by patients when this results in death. To this end, a dogmatic analysis of the legally relevant omission and the duty of solidarity in penal dogmatics is conducted, situated within the political and philosophical model of liberalism, which is based on the premise of autonomy and individual freedom.