Constitution

The health professionals that keep greater contact with the hospitalized child sick person is of the nursing team (Collet and Oliveira, 2002). One of the problems of the autonomy definition is the will that, in the kantiana vision, is determined for the proper essence. From there the linking between will and autonomy. It is treated, in a legal definition, a legal sphere of the citizen (the child), of the right to the freedom, joy and exercise of subjective rights, a relation between exercise of being able and fulfilment of duties in face to other citizens, the professionals (Marchi and Sztajm, 2008). In this direction, although the child to have legal rights, exists the heteronomia of the professionals who, aiming at the restoration of the health of the child, nor always give to chance for the right of action to the freedom and autonomy of this.

In the Statute of the Child and the Adolescent she is possible to observe notes on the rights of freedom and autonomy of the child, guaranteed for the State. To follow: ' ' Art. 15: The child and the adolescent have right to the freedom, the respect and to dignity as people human beings in development process and as citizens of civil laws, human and social guaranteed in the Constitution and leis' '. ' ' Art. 16: The right to the freedom understands the following aspects: II opinion and expression; III belief and religious cult; IV to search shelter, aid and orientao' '. ' ' Art. 17: The right to the respect consists of the inviolability of the physical, psychic and moral integrity of the child and the adolescent, enclosing the preservation of the image, the identity, the autonomy, of the values, ideas and beliefs, in the spaces and objects pessoais.' ' (Fontinele Jnior, 2007, p 35). On the basis of these articles, it is justified necessity of the nursing team to be prepared for, beyond the execution of the irreplaceable techniques, to take care of to the psico-social aspects of the hospitalized child.