A AUSÊNCIA DO CONSENTIMENTO INFORMADO COMO FATO GERADOR DA RESPONSABILIDADE CIVIL E ÉTICA NA MEDICINA

Abstract

This Law Course Conclusion Paper is anchored in the subject of Medical Law, more specifically, with regard to informed consent and its application in the doctor-patient relationship. To do this, it goes through the historical aspect of the emergence of the institute. In order to give it translation, its formal concept is sought. This work also brings together the main applicable legislation, as well as the jurisprudential position on the topic. In sequence, it is discussed how the absence of informed consent acts as a triggering event for civil and ethical liability in medicine, concluding that the patient's authorization needs to be preceded by information from the doctor on important points, such as the indication of the procedure, the risks involved and the therapeutic alternatives, so that the patient's decision is free and conscious. In the end, it is noted that the free and informed consent form, duly drawn up in accordance with the necessary legal formalities and, with its essential elements present, once signed, and as long as the duty to provide information has occurred, acts as a protection tool , both the rights of the doctor, for his full professional performance, and of the patient, as an individual holding legally constituted and protected rights. In order to elucidate all the aforementioned points, the deductive scientific method is adopted under a dogmatic and axiological theoretical-methodological approach and a post-positivist epistemological paradigm, supported by bibliographic and documentary research, of an exploratory and qualitative type.