Abstract

FARIA, David Francisco de; MOTA, Shirlei Castro Menezes  and  FARIA, Larissa Cristina Oliveira de. O SIGILO MÉDICO E OS PRINCÍPIOS DA BIOÉTICA, EM PORTUGAL E NO BRASIL. Revista Internacional CONSINTER de Direito [online]. 2023, n.17, pp.667-688.  Epub Feb 28, 2024. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00017.31.

The principles of bioethics are characterized by a particular singularity that allows for a range of rights and obligations in the doctor-patient relationship, permitting or not the disclosure of personal information, notably when it is the decision of the latter. The problem addressed in this research concerns the possibility of the doctor relativizing the sharing of the confidentiality of the information obtained from their patient. This is a qualitative and exploratory research, based mainly on the deductive method. Through bibliographic, documentary and jurisprudential review, we present the concept, extent, and exceptions to the duty of medical confidentiality and its relation to bioethics, with a focus on legal and deontological norms and their reflections on various social facts, occurring in Portugal and Brazil. However, we will limit our approach to the connection between medicine and law, in light of a recent court decision that led to the dismissal of a criminal case initiated after the doctor reported a patient's abortion to the police, who sought medical attention after ingesting an abortifacient drug. We will describe aspects related to the doctor-patient commitment and its implications in cases where the ethical behavior of the medical professional is deviant.

Keywords : Doctor-patient; Secrecy; Code of ethics; Bioethics..

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