Abstract

PORFIRIO DE SA LIMA, ÉFREN PAULO. The Legal Nature of Informed Consent from the Perspective of the Spanish and Brasilian Models of Patient Protection. Rev. Derecho Privado [online]. 2017, n.32, pp.473-489. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n32.16.

The article presented makes a bibliographical and jurisprudential revision about the juridical nature of informed consent and its respective suitability in the selected list of fundamental rights, through the comparative study of the Brazilian and Spanish models of patient protection. The goal is to demonstrate that the informed consent doesn't directly constitute a fundamental right in both juridical systems analyzed and that the informed consent protects, essentially, freedom and self-determination in health.

Keywords : Informed consent; legal nature; fundamental rights; freedom and self-determination.

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