Direito penal médico: análise da responsabilização penal do profissional na hipótese de resultado indesejado em procedimento estético

Abstract

The main objective of this monograph is to analyze the incidence of fraud occasional and conscious guilt during the aesthetic procedure. However, before to enter the main theme, it is necessary to build a whole reasoning. Thus, initially the types of aesthetic procedures will be addressed, divided into invasive, minimally invasive and non-invasive. then which are the qualified professionals for each procedure. Finally, how will accountability of this professional, with a special focus on accountability criminal. To arrive at an answer, the research used normative sources, doctrinal positions and jurisprudential understandings. So, from the analysis of all these listed documents, it was found that despite the difficult differentiation between the institutes of eventual intent and conscious guilt in practice in reason why the answer is something very private, since it is inside the agent's head who committed the crime, there is a way to go. In this way, it will be shown that the The best way to differentiate conscious guilt from eventual intent in practice is from of an analysis of the circumstances of the fact in the concrete case