Os limites da publicidade médica no Brasil e as suas consequências ético-profissionais, administrativas e judiciais

Abstract

Social dynamics have been profoundly affected by the increasing digitization of relationships in today's world. As a result, the need for virtual positioning arose to place professionals in the competitive job market. In view of this, the present study sought to analyze the regulations that serve as guidelines for publications on the physician's social networks. From a focus on the posts made on the social network “Instagram”, the research sought to present (doctrinally and jurisprudentially) the elements that give rise to the civil liability of this health professional, exposing the proposal to transmute the obligation of means into an obligation of result in the cases in which the doctor promotes a legitimate expectation in the patient in the face of a promise of a result. In addition, exposing the administrative consequences of the violation of the ethical norms of medical advertising, it proposed to expose the entire procedure of ethical- professional accountability within the scope of the Medical Councils. The discussion of the theme became significant in view of the accentuated judicialization of situations involving medical publicity conveyed outside the ethical-legislative commandments.