TITLE:
The Construction of the Theory of Informed Consent in Brazil: Analysis and Influences of the Trajectory in the United States and Spain for Brazilian Law
AUTHORS:
Éfren Paulo Porfírio de Sá Lima, Álisson Santos Rocha
KEYWORDS:
Civil Law, Institutional Changes in Private Order, Theory of Informed Consent, Brazilian Jurisprudence
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.4,
December
8,
2023
ABSTRACT: This article aims to present the institutional change in the doctor-patient relationship in Brazil through the historicity and course of patient autonomy through the theory of informed consent coined in the West, notably in the United States and Europe. It starts with a theoretical study from the perspective of the moral theory of informed consent and the right to privacy built through decisions of the United States courts and the dogmatics of informed consent in Spain to demonstrate, by the historical and bibliographic analysis on the subject, the influence they had on their adoption in Brazil, through the analysis of Brazilian norms and the jurisprudence of the Superior Court of Justice.