The doctor cannot denounce the woman who has an abortion: know the law

The Superior Court of Justice (STJ) has decided that doctors must honor professional secrecy even in the face of illegal procedures

In October 2020, a young woman was admitted to the emergency room of a Santa Casa in interior Minas Gerais due to bleeding and abdominal pain due to complications from an illegal abortion she had performed. Assisted by the gynecologist Roberto Laurents de Sousa, the woman was reported by the doctor, who called the Military Police. She was handcuffed to her feet after confessing to the abortion, as revealed by the UOL website. The young woman then responded to doubly qualified murder, attempted abortion and concealment of a corpse.

Abortion is authorized in Brazil if the woman has been raped, the pregnancy is life threatening or in case of fetal anencephaly. However, even if the case does not fall under these hypotheses, the doctor cannot report the patient.

Penal Code

According to the Code of Medical Deontology, “the doctor is prohibited from revealing a fact of which he has become aware by reason of the exercise of his profession, except for just cause, legal obligation or written consent of the patient”, reads article 73 .

Disclosure of the “secret of which one is aware by function, ministry, trade or profession, and whose disclosure may cause damage to others” is considered a “violation of professional secrecy”, pursuant to article 154 of the penal code.

The doctor, who testified against the patient in February of this year, challenged article 207 of the Code of Criminal Procedure, unless, released by the person concerned, he does not want to give his testimony”.

On March 14 of this year, the Sixth College of the Superior Court of Justice (STJ) dismissed a prosecution in a case similar to this one without adjudicating on the merits, acknowledging that the doctor violated that same article, which made the trials against the women are cancelled. The court also stressed that doctors cannot refer patients for abortions and must respect professional secrecy.

According to rapporteur Sebastião Reis Júnior, people who have to keep secrecy due to their profession, such as doctors, cannot testify in these cases. “The doctor who assisted the patient falls under the ban, since he shows himself as a necessary confidant, being forbidden to reveal secrets he knows about his intellectual profession, as well as to testify about the fact as a witness,” he said.

illegal evidence

Based on the decision published in March, if the doctor uses professional secrecy to obtain proof of abortion, he must be canceled and the appeal closed as the trial was started with illegal evidence based on the violation of medical secrecy.

The STJ decision ensures that women can seek medical help if they have complications from the abortion. If they are nevertheless reported, patients should seek out a public defender or lawyer for support in the face of lawlessness.

Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.