Medical Act and Prosecutor Control: A Dialogue of Autonomies

um diálogo de autonomias

Abstract

The article analyzes the interaction between Law and Medicine, highlighting the importance of ethical and legal principles governing medical activity. Medical autonomy and the limits of ministerial control are discussed, with emphasis on the need for a balance between the autonomy of doctors and the supervision of practices by the Public Prosecutor's Office. Furthermore, the complexity of legislation and the need for a systematic approach to maintaining normative coherence are addressed, to ensure the separation of the functions of drafting and applying law, with the aim of avoiding voluntarism and activism by control bodies, especially in challenging scenarios, such as the COVID-19 pandemic. Furthermore, the role of the National Council of the Public Ministry (CNMP) is also analyzed, in terms of supervision and guidance, focusing on its relevance for maintaining the balance between medical autonomy and ministerial oversight. Finally, the article proposes a transparent and plural debate to seek to harmonize the defense of the public interest by the Public Ministry and the preservation of medical autonomy.