Abstract
For a long time, the doctor-patient relationship has presented strong signs of paternalism, in which the physician assumed his or her paternalistic role, directing the patient and deciding on the treatment. The paternalistic nature of this relationship has been weakened with the evolution of the principle of patient autonomy, making it necessary to establish a more horizontal communication. Recommendation 1/2016 on free and informed consent published by the Conselho Federal de Medicina (the Brazilian Federal Council of Medicine) in 2016, makes the physician responsible for developing an intersubjective relationship with the patient, in order to establish a more symmetrical and egalitarian connection. This article proposes to analyze the concepts of autonomy and capacity according to the Civil Code and bioethics and how intersubjective communication between doctors and patients can help in the secure obtaining of consent.
Bioethics; Physician-patient relations; Informed consent; Personal autonomy