Análise das obrigações e possíveis responsabilidades, éticas e cíveis, na publicidade e propaganda médica em mídias sociais

Abstract

The present work aimed to analyse the obligations and possible responsibilities, ethical and civil, in advertising and medical advertising on social media, aiming to answer the question of what the impacts would be on medical professional responsibility due to the innovations brought about by the CFM Resolution n° 2,336/2023. To this end, it differentiates advertising and advertising, in its conceptual/historical sense, as well as in the context of the CFM Resolution n° 2,336/2023, and from a legal perspective, it critically and practically analyses the obligations and possible ethical responsibilities, as well as the obligations and possible responsibilities arising from civil regulations, advertising and medical advertising on social media. It was also concerned with verifying the perception and level of knowledge by doctors, of ethical and civil standards, regarding medical advertisements on social media. It was concluded that although it brings progress, the CFM Resolution n° 2,336/2023 brings with it great challenges for interpreters and judges; It was also found that medical advertising brings opportunities, but carries risks, both in the ethical aspect, due to the sometimesexaggerated subjectivity of the standards, and in the legal aspect, as inappropriate advertising can generate serious civil repercussions. To this end, the deductive analytical methodology, bibliographical, normative and jurisprudential research was adopted. Quali-quantitative research method.