Informed Consent Form as Evidence in the Judiciary
Abstract
This article analyzes the term “free and informed consent” as evidence in the Judiciary. It analyzes
Health Research Policy, socioeconomic factors, Federal Legislation, and the evolution of critical care,
with the differences that exist between the countries researched. It demonstrates the accuracy or
lack thereof of the term as evidence in the Judiciary, according to an analogy between the current
legislations. A systematic review was carried out, including 15 articles in a qualitative synthesis,
from Portuguese, French, Spanish, Italian, and English, published between 2002 and 2023. The results
were made according to the understanding of their authors, according to the year and country. It was
concluded that, when properly used, the term provides the professional, the institution, and the patient
with autonomy and legal protection.
