Seleção de pacientes e recrutamento dos sujeitos da pesquisa

Patient selection and recruitment of research subjects: ethical and legal implications in the context of the public higher education institutions -a view from the perspective of the Consumer Protection Code Human research subjects, due to their vulnerability status, claim to ethical and legal care.This protection must precede the status in which the research subject is not characterized as such, that is when, as a patient, attends selections to integrate experiments in the case, promoted by Public Higher Education Institutions (HEI).In the legal aspect, patients, research subjects and scientific community were placed under the aegis of the Consumer Protection Code in order to establish the tutelage of this statute on those figures.Faced with this ethical and legal approach, this study aimed, through a literature review, develop a critical analysis of the current format used by public HEIs to the recruitment of research subjects, through their predesigned patients; measure the importance of the announcement of the formal public HEIs in this recruitment context.Also, analyze the legal dichotomy developed around the Consumer Protection Code relevant to patients attended by public HEIs, through the Brazilian Public System of Health (BSH) and the patient treated by the private institution not subjected to the BSH.Finally, check, from the perspective of the Consumer Protection Code, the liability of the scientific community due to damages caused to the research subject.This is an exploratory and descriptive study with qualitative approach, developed from research into existing material in national and international literature, relevant to researches involving human beings, their form of recruitment and liability raised in the face of public and private system of health and, not least, on the legal relationship developed between the research subject and the scientific community.Specifically, the theoretical foundation took over the doctrine of bioethics, the bio law and court order, fostering by the Brazilian law.Databases used were Pubmed, Scielo, Lilacs, Google Scholar, Google and Courts of Justice, with the combination of the following descriptors: "Patient Selection", "Research Subjects", "Consumer Advocacy", "Ethics, Research" and "Academies and Institutes".In the end, is considered that in the public HEI, the research subject recruitment should not configure tacit coercion, being superlative the valuation of intrinsic ethical concepts of human dignity, leaving him, yet compliance with constitutional principles relating to public administration.In this public sphere, the need for notice is formalistic requirement imperative for the recruitment of research subjects.Both systems of health, as public promoted by public HEIs, as the private promoted by the private HEIs are under the authority of the Consumer Protection Code; should still be under the canopy of this instrument the legal status developed between the research subject and the scientific community

Descriptive research · Exploratory research · Geography · Higher education · Legal research · Political science · Public institution · Public relations · Social science · Sociology · Statute · Vulnerability · Ethics in Clinical Research · Law · Medical Malpractice and Liability Issues · Psychology · Public Health in Brazil

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