Ethics Versus Fundamental Rights: Research And Experimental Treatments In Humans. Is it a possibility?

Abstract

Nowadays, the question on health has been increasingly gaining major, it is a fundamental guarantee to all Brazilian citizens. Not so far, neither it was always like this. In fact, before the promulgation of the Magna Letter in 1988, health in Brazil has never been shaped and designed as a real right, quite the contrary! Health importance is justified, including the principle adoption of the human dignity, as one of the state foundations. In this connection, it is not acceptable people objectification for experiments or experimental treatments! However, as it is sometimes required the participation of man, there are other constitutional principles at stake and interest, as the right to freedom, the right to life, etc.. The research involving human beings is to develop or contribute to knowledge increasing and its generalization, with respect to medical and behavioral studies on human health, therefore the need for informed consent, and ethics.