The violation of the duty of medical confidentiality in complaints of abortion: analysis in the light of Habeas Corpus Corpus no. 783.927/MG from the Superior Court of Justice

Abstract

When dealing with the violation of the duty of medical confidentiality in abortion allegations and the legitimacy of evidence, it is necessary and useful to check the arguments evidenced in the most recent decision of the Superior Court of Justice - STJ on this issue. In light of Habeas Corpus No. 783.927/MG, it is glimpsed in the concrete case the locking of criminal action by the 6th class of the STJ when investigating the alleged case of abortion (art. 124 of the Brazilian Penal Code) caused by the pregnant woman and reported by the medical professional who performed the care. This is a case under the reporting of Minister Sebastião Reis, in legal confidentiality in which, for the proposed purpose, the qualitative form elaborated based on news published by the media in general and by the Superior Court of Justice itself will be outlined. In this way, resorting to the provisions of the Penal Code, the Code of Criminal Procedure, the Civil Code, the Code of Medical Ethics, and the Constitution of the Federative Republic of Brazil, with respect to the most recent decision of the STJ on the privacy and autonomy of the patient, as well as professional secrecy as a duty of the medical professional.