THE ADOLESCENT’S CAPACITY FOR SELF-DETERMINATION IN HEALTHCARE SETTINGS: THE LEGAL BOUNDARIES OF PARENTAL INTERVENTION IN LIGHT OF THE “MATURE MINOR” DOCTRINE

Abstract

The present article examines, from a legal-dogmatic perspective, how the limits of parental authority are defined when adolescents are required to participate in decisions concerning their own health. It is based on the understanding that, although formally dependent on their legal guardians, these young individuals gradually develop discernment, personal values, and their own identity. For this reason, they should be guided and supported so they may progressively exercise their capacity for self-determination. The study seeks to identify the extent to which the Brazilian legal system allows adolescents to effectively participate in therapeutic decisions that affect them—particularly in situations involving vulnerabilities, potential risks, or significant impacts on their dignity. To this end, the hypothetical-deductive method is adopted, combined with a comprehensive review of relevant doctrinal and normative literature. The analysis focuses on the “mature minor” doctrine, initially developed within the field of bioethics and later incorporated into legal discussions. This framework provides criteria for assessing when an adolescent has sufficient capacity to understand medical information and, consequently, to provide informed consent or even refuse certain treatments. It is argued that the gradual recognition of adolescent autonomy strengthens the patient’s dignity and promotes care practices that are more attuned to their experiences, expectations, and personal values. At the same time, the article highlights that the expansion of such participation must occur with balance, without disregarding the essential protective role of parental authority in safeguarding the adolescent’s best interests.