Documentation

Documentation

The BERC-Luso’s first Work Package – Legislation / De legis – required the collection of all the current legislation on biomedical research and/or clinical trials and on the ethical and regulatory institutions of this area from Portugal and Portuguese-speaking African Countries.

 This documentation was the basis for the preparation of a Comparative Legislative Study, which was also supplemented by international legal and ethical documentation that reflects on the international best practices of this field.

Ethics

The most widely accepted ethical or legal-ethical documentation has been prepared by international institutions in which most countries are represented.

CIOMS, International Ethical Guidelines for Health-related Research Involving Humans

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Council of Europe, Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine

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Council of Europe, Additional Protocol to the Convention on Human Rights and Biomedicine concerning Genetic Testing for Health Purposes

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UNESCO, Universal Declaration on Bioethics and Human Rights

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Legal documentation

We have listed below the legislation on biomedical research and/or clinical trials and also on the regulatory and ethical review agencies. This is the legislation currently in force in Portugal, Angola, Cape Verde, Guinea-Bissau and Mozambique.

Legal documentation - Portugal

CEIC - Clinical Research Ethics Committee

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CNECV - National Council of Ethics for Life Sciences

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Ethics Committees

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Clinical Research Law

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EU REGULATION on Clinical Trials

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EU REGULATION on Data Protection

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Law No. 73/2015, dated July 27 – first amendment to Law No. 21/2014, dated April 16, which enacted the clinical research law and established the terms and conditions under which monitors, auditors and inspectors may access the register of participants in clinical trials

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Legal documentation – Angola

Law No. 21-B/92, dated August 28 (National Health Service Framework Law)

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Presidential Decree No. 180/10, dated August 18 (National Pharmaceutical Policy General Framework Law)

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Legal documentation - Cape Verde

Regulatory Decree No. 23/2014, dated June 10

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Decree-Law No. 26/2007, dated July 30 – National Health Research Ethics Committee (CNEPS)

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Law No. 41/IV/2004, dated April 5 – National Health Service Framework Law (LBSNS)

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Resolution No. 5/2008, dated February 18 – enacted the National Health Policy

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Documentação jurídica - Guinea-Bissau
Information not available
Legal documentation - Mozambique

Law No. 12/2017, dated September 8 – Law on Medicines, Vaccines and Other Biological Products for Human Use

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Comparative Legislative Study

The Comparative Legislative Study was based on the collection of all the legislation on biomedical research and/or clinical trials and on the relevant ethical and regulatory agencies. This legislation, which is currently in force in Portugal and Portuguese-speaking African Countries, was also compared to the international best practices in this field.

Comparative Legislative Study, Part 1.pdf

The first part of this study highlights the international ethical and legal guidelines of this field.
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Comparative Legislative Study, Part 2.pdf

The second part reinforces the aspects that contribute to legislative strengthening in the international context.
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