Mulheres indiciadas por aborto a partir da violação do dever de sigilo médico: análise sobre a ilicitude da prova

Abstract

Given that doctors, when caring for a woman who practiced an abortation illegally, are primarily responsible for reporting them to the police authorities, the objective of this study is to verify the validity of the evidence obtained in the face of this complaint. According to the legal duty of medical confidentiality, health professionals cannot notify third parties about a fact they only had access to due to the exercise of their profession, however, because they are facing an alleged crime of abortion, there is a conflict between respect this confidentiality or take the case to be investigated before the legal system. Thus, the work seeks to ascertain whether the evidence that gave rise to this criminal prosecution is lawful and can be admitted in the case file or if it is covered with illegality, and should be removed from it. For this, judicial decisions, doctrines and scientific articles that discuss the subject will be analyzed, in order to answer whether, in the face of abortion cases, the complaint and other evidence arising from the breach of medical confidentiality can support the process and the other decisions contained in it.