A responsabilidade civil do médico por danos estéticos

Abstract

This paper examines civil liability in cases of medical malpractice in aesthetic procedures, highlighting the unpredictability associated with both the human body and consumer behavior. The volatile nature of these services arises from the uncertainty regarding the results, evidencing that medical practice does not operate with precision, being subject to margins of error and adverse effects. In the legal sphere, it is necessary to reconcile this unpredictability with the legislation, especially Law No. 8,078/90 (Consumer Defense Code), which protects the patient as a vulnerable party. The analysis focuses on the interaction of the Consumer Defense Code with the Civil Code and the Code of Medical Ethics, which regulate medicine, discussing the limits of objective and subjective liability. However, these legal instruments are not always sufficient to cover the complexity of aesthetic damages, especially in cases where the results differ from the patient's initial expectations, requiring a careful assessment of the causal link through doctrine and jurisprudence. Consequently, the research explores whether the current legal system is capable of responding to the increasing number of aesthetic procedures and their potential harms, based on instructions and doctrine, and evaluates the legal system and the way it offers a balance between the development of aesthetic medicine and the