Abstract
Introduction: In the context of disagreement between different fields of medicine, law, justice, legislation, doctrines and complementary sciences regarding telemedicine, the need to carry out this study became evident. Objective: to discuss the relationship between the current legislation in force in October 2022, after the regulation of telemedicine in Brazil, with the possibility of using technologies, in judicial medical expertise or telemedicine in that country. Methodology: This theoretical and qualitative work has a descriptive and explanatory nature, through bibliographic research, searching in databases, as well as analyzing doctrines, legislation and related jurisprudence, and through an ontological hermeneutic approach, relating the variables, advantages and risks , with the historical, theoretical, doctrinal and scientific technical basis. Discussion: Resolution number 317, of the National Council of Justice (CNJ) and national jurisprudence on the use of medical teleexpertise, contrast with the position of the national medical community, through the Federal Council of Medicine (CFM), whose understanding remains evident through opinions and resolutions, regarding the inoperability of such a practice currently. Conclusion: The contemporary national situation of teleexpertise is rudimentary, abstaining from scientific substrate, tools or other methodologies that allow its ethical, fair, legal implementation, free from external influences, under current conditions. Keywords: Expert Testimony, Telemedicine, Health Law, Health’s Judicialization, Remote Consultatio, Telediagnostics.
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