COVID-19 e pessoas com deficiência intelectual: Os poderes do curador na decisão sobre tratamentos experimentais

Objective: This article aims to analyze the consent of people with intellectual disabilities to authorize treatments and experimental medical procedures against COVID-19. Methodology: Based on the current pandemic context faced by Brazil and several other countries, we have verified the ways in which people with disabilities can authorize these treatments, especially people who are subject to curatorial care. To achieve this goal, we discussed the need for consent of people without disabilities to experimental medical treatments and procedures. Afterwards, we analyzed the powers of the curator in view of the current legislation and, especially, the changes brought by the Statute of the Person with Disabilities (Act nº 13.146 / 2015). In this regard, we address the limitations imposed on the curator, insofar as the legal system restricts his decision-making to the merely commercial or patrimonial acts of the person who are subject to curatorial care, expressly stating that other acts of civil life, including those relating to his health, must be taken by the person with disabilities himself. Results: We concluded that the consent for experimental treatments for people with intellectual disabilities must be given by the patient himself, and should not be considered the curator's will. For people submitted to the supported decision-making institute, it is possible for supporters to assist the person with disabilities in terms of the best treatment, with the exception that the decision remains an exclusive act of the patient. Finally, we conclude that the only possibility for the curator to intervene in deciding the treatment to be chosen is restricted to cases in which the patient can not express his own will. Contributions: The study aims to contribute to the evolution of discussions on the autonomy of people with intellectual disabilities, especially in view of the growing number of medical interventions related to COVID-19.