Illegality resulting from breach of medical confidentiality in abortion crimes

an analysis of the decisions of the Superior Court of Justice regarding the blocking of criminal proceedings and police investigations

Abstract

This work consists of the initial analysis of the author’s research that will be part of her doctoral thesis. In this research, the author analyzed the summaries of judgments and single-judge decisions found in the case law search engine of the Superior Court of Justice (STJ), referring to women who are or have been charged with the crime provided for in article 124 of the Penal Code and who requested the closure of the police investigation or the consequent criminal action due to the violation of confidentiality of the health professional, in order to identify how such decisions have been made, their grounds, as well as controversial and relevant elements to reflect on which direction the court has been oriented. The method used was essentially theoretical-bibliographic, of case law and conceptual analysis, in addition to the subsequent critical analysis of the content found. The author’s final considerations are that the STJ has set a precedent for recognizing the unlawfulness resulting from the violation of confidentiality of the health professional, however it cannot yet be said with certainty that this precedent has been consolidated, given the predominantly defensive stance of the court in resorting to procedural grounds to avoid analyzing the case itself.