Informed consent form as evidence in the judiciary

Abstract

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.