The application of legal argumentation to bioethics is sometimes seen as a decision process.
However, in the present work, we argue that the construction of the process is the key to the
successful implementation of law in bioethical issues. In fact, the construction should be a
compromise between principles and experience, a justification for the decision process in
which an active participation and the relationship between physicians and patients guarantee
freedom of choice and more attention to the patients’ vulnerability.
