RESPONSABILIDADE PENAL DO MÉDICO EM CASO DE NEGLIGÊNCIA MÉDICA

This study aims to analyze the criminal liability of physicians in cases of medical negligence, considering the applicable legal provisions, the criteria for establishing culpable conduct, and the limits of judicial intervention in light of the complexities inherent to medical practice. The research was conducted based on legislation, scholarly doctrine, and case law, with the purpose of understanding under which circumstances healthcare professionals may be held criminally liable for omissions or actions that are incompatible with the technical and ethical duties of the profession. The study also addresses the distinction between criminal and civil liability, emphasizing that the former requires unequivocal evidence of fault and a causal link. Finally, the work highlights the need to balance the protection of patients’ rights with legal certainty in the practice of medicine, ensuring both the appropriate accountability of professionals and the stability of the healthcare system.