Responsabilidade civil do cirurgião – dentista: obrigação de meio ou de resultado?

Abstract

The Federal Constitution of 1988, the Code of Consumer Protection and the Civil Code of 2002 contributed significantly to sediment and promote advances in the field of obligations and civil liability, requiring an enlargement of the mechanisms of protection of legally protected interests. There is, on the other hand, a progressive increase in the number of actions brought against the health professionals in the last few decades, and, specifically in dentistry, this phenomenon is manifested in a worrying way, imposing the need for the operator the Right to know the peculiarities of each sector, in order to offer solutions not both general and abstract, but concrete and specific, with interdisciplinary focus. The present monograph has as objective to carry out an analysis of the legal system and of dental literature in order to understand the nature of the obligations of the surgeon-dentist, i.e. whether they are from middle or result, in order to identify the civil liability regime more appropriate. It is understood that the very distinction between obligations of means and result is dynamic and relative, and must be performed in accordance with the purposes and legitimate expectations that involve the service of the surgeon-dentist provided in each case. It is argued that this health professional must answer for damages that may subsequently cause subjectively, ie fault, presumed or proven as a result of the obligation is or means, understood that guilt on his defined goal -normative.