Responsabilidade civil do cirurgião-dentista na prática da harmonização orofacial: revisão de literatura

Abstract

The growing demand for aesthetic procedures, associated with increased life expectancy and the enhancement of personal image, has driven the development of Orofacial Harmonization (OFH) as a new dental specialty. Although this area is recognized and regulated by the Federal Council of Dentistry, it still faces challenges regarding the legal and ethical implications arising from its practice, especially when expected results fail. The main objective of this study was to identify the legal implications and civil liability of dentists. The methodology adopted was a narrative review of the literature with a descriptive and exploratory approach, based on the analysis of scientific articles published between 2021 and 2025, in databases such as PubMed, Scielo and Google Scholar. The 12 selected articles were systematized in tables demonstrating the objectives, methods and main results. The findings indicated that, unlike other areas of dentistry that involve obligations of means, aesthetic procedures, such as OFH, are mostly interpreted by case law as obligations of result. From this perspective, failure to achieve the desired effect, even without proven fault, may result in the professional being held liable. This increases the need for preventive measures that protect both the patient and the dentist. Among the mechanisms indicated to mitigate legal risks are: the correct preparation of the dental record, the mandatory use of the Free and Informed Consent Form (FICF), photographic records before and after the procedures, and assertive communication between the professional and the patient. These elements, when correctly used, strengthen the professional's defense in cases of legal dispute and increase the patient's confidence in the treatment. The importance of continuous technical training of professionals, respect for the ethical and anatomical limits defined by the CFO and the adoption of evidence-based protocols is also emphasized. It is concluded that the work of the dentist in the HOF requires not only technical skills, but also legal and ethical knowledge. Civil liability, when not adequately understood, can put both the professional's career and the patient's safety at risk. Therefore, it is essential that the professional adopts a preventive approach, adequately records all procedures performed and maintains effective communication with the patient, to align expectations and minimize conflicts. Orofacial harmonization, when treated seriously, ethically and responsibly, can consolidate itself as a safe area within modern dentistry.