Acórdãos dos processos de Responsabilidade Civil contra Cirurgiões-Dentistas: levantamento nos Tribunais de Justiça do Brasil

Abstract

Professional Responsibility proceedings against the Dental Surgeon (CD) have occurred more frequently since the 1990s. In cases of appeal, the process can be decided in the second instance, that is, before the state Courts of Justice (TJ). The objective of this study was to survey the rulings of Professional Responsibility processes involving the CD, between the years 2020 to 2022, in the TJs of Brazil. This is a cross-sectional, quantitative study, with secondary data. The data (n=1,137) were obtained by consulting the Jusbrasil website. Three matters were analyzed in the rulings: Responsibility and Obligation of the CD and the result of the actions. Descriptive and inferential statistical analyzes were performed by applying Fisher's exact and Pearson's x2 tests, with a significance level of 5%. The results showed that in the rulings, there was no significant difference (p>0.05) between the citations of Objective (n=212) and Subjective (n=451) Liability in relation to the national average, with the exception of Rio Grande do Sul, in which the average of Subjective Responsibility was four times higher than the national average (p=0.019). The same was observed between the nature of the Obligation (n=136) of Means and Result (n=360), except in Rio de Janeiro (p=0.048), which did not follow the national average. There was also no significant difference between the results of actions, with those deemed unfounded being more frequent. We conclude that a paradigm shift is occurring in the legal understanding of Professional Responsibility and the analysis of the nature assumed by the CD.