Judicial reversal of sentences imposed by the Regional Council of Medicine

Abstract

This study proposed to identify and analyze the basis of judicial decisions that declare the nullity of
the ethical-professional process and/or the penalty applied by the Regional Council of Medicine of the
state of São Paulo, as well as to investigate the proportion of legal actions granted, in the first instance,
and relate the origin of the action with the type of ethical penalty, in the period between 2008 and
2018. The study was of a retrospective documentary type, using a qualitative and quantitative approach.
The quantitative data underwent a descriptive statistical approach, and the qualitative data underwent
content analysis. Of the 78 actions proposed to review the ethical-professional process and/or the
penalty applied, 19.23% of valid sentences were identified. Six categories emerged as the basis for
the decision to recognize nullity, two of which stand out: lack of justification for the decision and denial
of due process.