Investigación biomédica y determinación de la capacidad para consentir en el sistema jurídico chileno: el desafío interpretativo del artículo 28 de la ley 20.584

The recent health crisis has once again brought to the forefront the relevance of biomedical research, not only for the scientific world, but also for society in general. A thorough understanding of the criteria governing the practice of this discipline-especially in its ethical and legal dimensions-can contribute to the growing development of this type of research. This article aims to offer an approach to the legal framework in force, in relation to those provisions that regulate the participation of persons who cannot express their consent, among which are mainly those who suffer from mental and intellectual disabilities. In this sense, we seek to offer a harmonic interpretation of the normative precepts that establish criteria for research in this population group, specifically of the provisions of article 28 of law 20.584, considering that a literal exegesis of the norm could lead to the absolute exclusion of adults without capacity to consent, who are suffering from an acute and reversible health condition.