Civil liability and the patient's private autonomy the limits of the right not to know from the perspective of the right to intimacy from REsp. 1.195.995/SP

Abstract

The purpose of this article is promove critical thinking about the patient's private autonomy and the realization of the right not to know based on the realization of the right to privacy, analyzing the medical civil responsability. Therefore, aspects of private life and its relationship with the right to privacy will be addressed, in order to highlight the limits and possibilities of private autonomy, specifically in the health sphere. This theme does not have a peaceful understanding by the doctrine and by the Judiciary Branch, with diverging understandings about the disclosure of information not requested by the patient, as they are often not prepared to deal with the receipt of information related to their private sphere. This article seeks to highlight the arguments about these understandings so that it is possible to understand a little more about the right not to know. In addition, it seeks to highlight the individual as an autonomous being who has free choice in his private life, so that one can speak about the effectiveness of the Principle of Dignity of the Human Person.