Brazilian Civil Code in the area of research on human subjects

Abstract

This study seeks to relate the ethical norms for research on human subjects with Brazilian Civil Code, a law that considers many aspects of protection for individuals. In general, medical researchers are unaware of civil legislation and do not realize the legal consequences of any errors caused by their research. First, a summary of the ethical aspect of research on human subjects is presented, along with the Nuremberg Code and the Declaration of Helsinki, as well as the non-statutory aspect of Brazilian law, which is performed by the Brazilian National Health Council. Second, to demonstrate the inexistence of a lack of legislative consistency in this area, the study analyzes the aspects of Civil Code relative to research on human subjects, as well as legal status, the ability to act, rights to legal status, and civil liability.