RESEARCH ETHICS COMMITTEE AND THE CIVIL RESPONSIBILITY OF THE RESEARCHER: AN ANALYSIS OF THE CONSTITUTIONALITY OF RESOLUTIONS NUMBER 466, OF 2012 AND NUMBER 510, OF 2016 OF THE NATIONAL HEALTH COUNCIL

Abstract

The purpose of this article is to verify whether there is compliance of Resolutions 466/2012 and 510/2016 of the National Health Council with the Federal Constitution and the current infra-constitutional legislation, as conditioning norms for research with human beings within the system CEP/CONEP. During the investigation, we analyze certain principles related to research freedom, university autonomy, health and the physical, mental and social well-being of the participating subjects, making it necessary to consider values. The adopted methodology was basically qualitative approach, theoretical focus, with descriptive objective and bibliographic documentary technical procedure. In the end, it was observed that these standards respect the Federal Constitution with regard to the didactic-scientific autonomy of university teaching institutions for conducting scientific and technological research. However, they go beyond powers of regulatory body by establishing rules that are in the field of Civil Law, with regard to the researcher's civil liability institute, revealing an obstacle to the development of national research.