Post by xyz3600 on Feb 25, 2024 1:27:49 GMT -5
Judge Adverci Rates Mendes de Abreu, from the 20th Federal Court of BrasÃlia, determined that doctors from the Brazilian Association of Doctors with Postgraduate Expertise have the right to publicize and announce their respective lato sensu postgraduate degrees . Disclosure had been prohibited by the Federal Council of Medicine (CFM). reproduction Doctors can validate postgraduate courses vetoed by the CFM, says judge. In the action, the judge states that restricting medical professionals from advertising postgraduate degrees is a practice that is not supported by the legal system. "Thus, the Federal Council of Medicine is violating both the constitutional principle of legality and also individual freedoms, provided for in article 5, items II and XIII, exceeding the limits of its regulatory law", he states.
According to the judge, the council exceeded its regulatory power by imposing restrictions on the publication of postgraduate degrees, allowing it only in the event of medical residency or approval in the specialist title test carried out exclusively by a Medical Society affiliated with the Brazilian Medical Association. "Thus, the question posed shows a close connection with the guarantee of constitutional rights that ensure the Middle East Mobile Number List exercise of work in general, including, obviously, the regular practice of Medicine", he says. Restrictions According to lawyers from the firm Cezar Britto & Reis Figueiredo Advogados Associados who represent the Association, the CFM created restrictions on the full practice of medicine by establishing that only medical professionals with titles registered with the Regional Councils could have the right to advertise their specialties professionals.
We identified a clear intention to abusively reserve the professional market, to the detriment of medical professionals represented by the association", explains lawyer Bruno Reis . The action, which relied on the opinion of the former president of the Federal Supreme Court, minister Carlos Ayres Britto, argued that "making it impossible to fully exercise professionally and disseminate it to the community, as the essence of the human being, as long as the requirements of the law are met, is cause practically insurmountable damage to the professionals represented, as the dynamics of the medical functional market demands, at all times, that they are qualified and have full conditions to attract patients and maintain their own and family subsistence".Without examination of merit by the National Institute of Industrial Property (INPI), under the terms of art.it is not possible to confirm the originality and novelty of a product to determine whether there has been an imitation by a competing company.
According to the judge, the council exceeded its regulatory power by imposing restrictions on the publication of postgraduate degrees, allowing it only in the event of medical residency or approval in the specialist title test carried out exclusively by a Medical Society affiliated with the Brazilian Medical Association. "Thus, the question posed shows a close connection with the guarantee of constitutional rights that ensure the Middle East Mobile Number List exercise of work in general, including, obviously, the regular practice of Medicine", he says. Restrictions According to lawyers from the firm Cezar Britto & Reis Figueiredo Advogados Associados who represent the Association, the CFM created restrictions on the full practice of medicine by establishing that only medical professionals with titles registered with the Regional Councils could have the right to advertise their specialties professionals.
We identified a clear intention to abusively reserve the professional market, to the detriment of medical professionals represented by the association", explains lawyer Bruno Reis . The action, which relied on the opinion of the former president of the Federal Supreme Court, minister Carlos Ayres Britto, argued that "making it impossible to fully exercise professionally and disseminate it to the community, as the essence of the human being, as long as the requirements of the law are met, is cause practically insurmountable damage to the professionals represented, as the dynamics of the medical functional market demands, at all times, that they are qualified and have full conditions to attract patients and maintain their own and family subsistence".Without examination of merit by the National Institute of Industrial Property (INPI), under the terms of art.it is not possible to confirm the originality and novelty of a product to determine whether there has been an imitation by a competing company.