Abstract

OBJECTIVE: General dentist orthodontic practice is a controversial issue and this paper aims to analyze it comparing foreign laws to Brazilian Legal System. METHODS: Regulations and scientific texts concerning orthodontic practice by general dentists, in Portuguese or English language, were sought. RESULTS AND CONCLUSION: Portugal clearly forbids general dentist orthodontic practice; United States of America do not clearly forbid general dentist orthodontic practice, but do regulate and promote campaigns to encourage public to seek specialist service; in Australia and England, corrective orthodontics are offered both by orthodontists and general dentists; it was not possible to evaluate how orthodontic services are provided in Eastern Europe; and the fact that general dentists are forbidden to practice corrective orthodontics in Brazilian Legal System is compatible to other countries policy.

Highlights

  • History reports that the first dental surgeon focusing his clinical practice in orthodontics was Edward H

  • In the Brazilian legal system there is a conflict between the principle of legality and the principle of human being dignity as regards to the professional practice of orthodontics by the non-specialist dental surgeon.[19]

  • Orthodontics as a specialty and science originated in the United States of America (USA) by the efforts of Angle.[8]

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Summary

Introduction

History reports that the first dental surgeon focusing his clinical practice in orthodontics was Edward H. In the Brazilian legal system there is a conflict between the principle of legality (permissive) and the principle of human being dignity (impeditive) as regards to the professional practice of orthodontics by the non-specialist dental surgeon.[19] This is a polemic issue involving, basically, legal interpretation. To solve this issue it is adequate to use the Science of Law that according to Gusmão,[15] is a methodically coordinated knowledge resulting from the ordered study of legal standards aiming to understand the objective meaning of these legal standards and to build the law system, as well to discover its historical and social roots

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