JUDICIALIZAÇÃO DA CAUSA MORTIS

It is undeniable that the impact of a death provoked by a death causes a strong feeling of seeking justice in family members and friends. This article seeks to demonstrate the legal and psychological aspects of how the work of the Autopsy Assistants carried out at the Forensic Medical Institute, together with the expert's scientific knowledge, in preparing and preparing an accurate report in accordance with the provisions of Brazilian law and which provides a real outline of the cause of the victim's death. Brazilian courts have invariably been forced to judge cases filed by individuals seeking relief from this well-understood denial, nonconformity and difficulty in dealing with human finitude, sometimes seeking compensation, based on police investigations and specialized reports. This work uses a bibliographical review as its method, aiming to demonstrate that in certain cases the medical report issued by the IML is used as an artifice in compensation proceedings without due consideration of the merits of the case. In the end, it is concluded that it is up to the justice system to bring out the truth and to impose sentences on the guilty or to exclude the innocent from prosecution, but it is also worth noting that in certain cases it is clear that a crime against life is not characterized, since there are multiple elements that can lead to death.

Authors

Publication Details

Journal
Revista fisio&terapia.
Published
2025-05-03
DOI
https://doi.org/10.69849/revistaft/ni10202505031729
Primary Topic
Medical Malpractice and Liability Issues
Type
article
Field-Weighted Citation Impact
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article

JUDICIALIZAÇÃO DA CAUSA MORTIS

Sónia Oliveira, Márcio Anderson Sousa Nunes, Andréa Lúcia Batista Lopes Wanderley, Gustavo Manoel Leles Martins et al.
Revista fisio&terapia.
Medical Malpractice and Liability Issues
article

JUDICIALIZAÇÃO DA CAUSA MORTIS

Sónia Oliveira, Márcio Anderson Sousa Nunes, Andréa Lúcia Batista Lopes Wanderley, Gustavo Manoel Leles Martins, Samir Fernandes Braga
article en

Abstract

It is undeniable that the impact of a death provoked by a death causes a strong feeling of seeking justice in family members and friends. This article seeks to demonstrate the legal and psychological aspects of how the work of the Autopsy Assistants carried out at the Forensic Medical Institute, together with the expert's scientific knowledge, in preparing and preparing an accurate report in accordance with the provisions of Brazilian law and which provides a real outline of the cause of the victim's death. Brazilian courts have invariably been forced to judge cases filed by individuals seeking relief from this well-understood denial, nonconformity and difficulty in dealing with human finitude, sometimes seeking compensation, based on police investigations and specialized reports. This work uses a bibliographical review as its method, aiming to demonstrate that in certain cases the medical report issued by the IML is used as an artifice in compensation proceedings without due consideration of the merits of the case. In the end, it is concluded that it is up to the justice system to bring out the truth and to impose sentences on the guilty or to exclude the innocent from prosecution, but it is also worth noting that in certain cases it is clear that a crime against life is not characterized, since there are multiple elements that can lead to death.

Revista fisio&terapia.Vol. 29(146)
Openalex Percentile: Top 85%
Medical Malpractice and Liability Issues
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