ARTICLE 154 OF THE BRAZILIAN PENAL CODE: A LOOK FROM THE PERSPECTIVE OF THE DOCTOR'S CRIMINAL RESPONSIBILITY

Abstract

The present research proposed to explain the ineffectiveness of the criminal responsibility of the doctor in the Brazilian penal system in the light of article 154 of the penal code, which deals with the violation of professional secrecy. The theoretical discourse dealt with the scenario of practical accountability of this professional. Such a discussion must have a detailed look, since issues of criminal liability present difficult resolutions before the judiciary. In this way, understanding the legal factors from the perspective of criminal law that encompass this subject and its unfolding until the application of the law is of paramount importance. This theme is defined as the essential objective in carrying out this work. The methodology used was the bibliographical review, where scientific articles, books, legislation related to the subject, newspapers and national websites were analyzed. It is concluded, therefore, that medical liability, in many cases, is intrinsically linked to the rules of administrative law and administrative punishment. Prevailing in this sense that art. 154 is ineffective to punish the doctor in the face of its violation, and it is necessary to reform the said device.