Legal research involving human subjects: central role of Ethics Committees and strict interpretation of exceptions

This editorial discusses the relevance of ethics in research, with special attention to the role of Research Ethics Committees (RECs) in the Humanities and Social Sciences. It presents a brief historical overview of the institutionalization of ethical control in research involving human subjects, highlighting the consolidation of the CEP/CONEP system in Brazil and the specificities of legal research under CNS Resolution No. 510/2016. It analyzes the main procedural aspects of project submission, especially regarding free and informed consent, privacy protection, and personal data processing. The text also addresses the resistance that exists in legal research to submitting projects to CEPs, often based on broad interpretations of the grounds for exemption. Although there are divergences and broader interpretative positions adopted by leading journals, it is argued that such exceptions should be construed restrictively, particularly in research involving interviews with actors within the justice system, given the associated institutional, reputational, and informational risks. It is concluded that strengthening research ethics in law requires the effective incorporation of ethical control as a regular stage of scientific production, in dialogue with fundamental rights, constitutional values, and the social responsibility of academia.

Keywords
editorial; research ethics; Research Ethics Committees; empirical legal research; Law