Decisions that physicians make in their dealings with these patients without being able to decide, even if supported by the consent of the “guardians,” may have ethical or legal consequences. In the latter case, in the field of justice, the consequences may arise in various areas, but in particular in civil law, which are related, inter alia, to the costs of treatment and compensation procedures for alleged errors in the profession and, in the criminal field, in the case of bodily injury (bodily injury). In English, it can be translated with the word of the same legal spelling when it comes to legality, and nice or cool, for the complementary adjective. Is the legally liable party really liable? An ethical and legal question on the term Again, we have the figure of the guardian without a clear definition. If the hospitalization is minor, with defined parents, we can find a guardian in the figure of one of them. And even then, we may have conflicts of interest between the two. However, we will have the support of one of them. If you are a minor, without a defined guardian, ask yourself: Who will be your legal guardian? A legal person: the little judge, no doubt. And in the case of an indiscriminate adult. A parent? In the case of minors without parents and older minors with a judgment initiated, the definition of guardian or curator will exist only after it has been established in the case of due process. Before legal proceedings, in principle, any adult may represent himself personally in all acts of civil life.
In case of involuntary hospitalization, the condition of the guardian also arises, in an ill-defined way. Again, we find situations that the physician faces in his or her activities. The cases described may constitute limited legal capacity for certain acts of civil life. Often, caring for the alcohol or drug user or patient with a developmental disability puts the professional in conflict over that person`s ability to think about the medical procedures needed to do so. Therefore, it is important for the skilled person to understand that: The person responsible for the patient is not always recognized from an ethical and legal point of view. The status of legal guardian is a procedure that the doctor and public and private health institutions have found to try to divide their responsibilities in cases of patients who can not recognize when participating. Although this need is understandable from a legal point of view, the procedure results in judicial fraud and may raise important ethical and legal questions on the part of the patient after the end of his disability or by naming the heirs at the time of his death. In the 1980s, it took on a new meaning in Brazil and was used as a colloquial term of praise. The term became popular and eventually entered dictionaries. Therefore, if this curatela has not been defined by law, one cannot speak of “legal guardian”. Any other name does not correctly define the intended legal form. The physician died “failure to inform the patient of the diagnosis, prognosis, risks and goals of treatment, unless direct communication with the patient may cause harm, in which case notification is made to the legal representative”.1 How to refer to this article: What is legal Amazon.
Environmental dictionary. (o)) echo, Rio de Janeiro, November 2014. Available in: . Access to: XX (day) xxx. (months) XXXX (year). Paragraph 2 further specifies that “the termination of involuntary hospitalization must be at the written request of the family member or guardian (our griffin) or after determination by the specialist responsible for treatment”. The authors discuss the ethical and legal meaning of the term “legally responsible” and question its limitations. They show that, in reality, it does not satisfactorily assume so-called legal responsibility, because for this it would have to find support in legal codes and norms, which is in fact not the case. Thus, the expression of legal representatives cannot allow the professional to support his professional activity in a normative ethical and legal manner. I would like to understand it better because I live in a town in Mato Grosso that is part of the legal Amazon, but I have never studied it.
In the case of the development of a research project in indigenous communities, if the Indian is not cultured and therefore does not know a priori the Brazilian legislation, since he belongs to another culture, he can be considered partially capable. The fact that uncultivated forestry is partially capable should be taken into account when the researcher requests a declaration of free and informed consent. In this case, the legal guardian is defined in the statutes of the National Indian Foundation (FUNAI).4 For the use of the term “legal”, which is inserted next to the responsible person, it is necessary to comply with the applicable legislation. However, it is rare that the person accompanying the patient is actually his legal guardian. That is, holders of family power, tutors or curators, legal persons who are legally recognized as those who assume responsibility for each other. In cases where the majority of people are indisputably incapable of taking decisions, the State may temporarily assume responsibility until the legal guardian has been defined. The same applies to minors without parents who are in the custody of the State until a guardian is appointed. consent of the legal representative; medical ethics; Civil liability In the case of a person of full age, the legal tutor, in the case of a person prohibited – for whatever reason – is the one who is appointed as trustee. Is the legal guardian really liable? an ethical and legal question about the term This person is then defined as a “legal guardian”. The Code of Medical Ethics uses the expression of article 59: still in the legal field, it provides for article 15 of the Civil Code: “No one may be forced to undergo medical treatment or surgery at the risk of his life”. In practice, the doctor is in situations where there is a risk of death for performing a particular procedure, which is understood as necessary, but the patient is unconscious and unable to decide.
In these cases, the professional requests the authorization of the designated “legal guardian”. Who would this person bring legally competent for this decision, since he is not the patient considered incapable? Article 8 itself of the Civil Code distinguishes the family member from the legal guardian and shows that the first condition (familiarity) does not correspond to the second (guardian), i.e. they are different things. We come back to the same situation: who is legally responsible in this case? In the legislation, there is a clear definition of the number of legal guardians for each of the above-mentioned situations: in the case of minor children, the parents are responsible; In the case of a minor without parents who assume this condition, the tutor is also appointed by the court, and for older persons, they are appointed guardians with judgment engaged. However, the campaign to integrate the region into the national economy has had an impact on the environment, which is still being felt and combated. As one of the last major tropical timber reserves in the world, the Amazon region is facing an accelerated process of degradation due to predatory and illegal exploitation of the product.
