STJ: plans are not required to cover conduct outside the ANS list

STJ annuls lawsuit on abortion for breach of doctor’s confidentiality

The Superior Court of Justice (STJ) decided today (14) to suspend a criminal case against a woman accused of the crime of abortion. The Court annulled the procedural evidence obtained from the complaint filed by the doctor who treated her at the hospital.STJ annuls lawsuit on abortion for breach of doctor's confidentiality

As understood by the collegiate, professional secrecy between the patient and the doctor should have been maintained between them. For ministers, criminal legislation and the Code of Medical Ethics prevent professionals from disclosing details about the health of their patients.

The case involves a woman who was 16 weeks pregnant and sought medical attention after feeling sick. During the procedure, the attending physician suspected that the patient had taken an abortive medication. Then the professional called the police.

After opening an inquiry, the doctor sent the patient’s medical record to the authorities and also appeared as a witness in the process. Based on the accusation, the Public Ministry denounced the woman for the crime of provoking an abortion on herself to the jury court.

When judging a defense appeal, the ministers understood that the doctor’s participation in the accusation generated the nullity of the evidence, requiring the locking of the criminal action.

The STJ did not analyze the constitutionality of the crime of abortion. The analysis of the issue is being judged by the Federal Supreme Court (STF). There is still no date for the trial.

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