Medical criminal compliance: the prevention of crime within the medical business activity

• Grant number: 13/20444-0
• Support type: Scholarships in Brazil - Scientific Initiation
• Effective date (Start): February 01, 2014
• Effective date (End): December 31, 2014
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal researcher: Eduardo Saad Diniz
• Grantee: Thais Fioruci D'Antonio
• Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The alternative mechanism of corporate crimes prevention and control procedure, called criminal compliance, gained prominence in Brazil, from banking. The private medical sector is subject to the occurrence of crimes enterprise, like other branches of trade, but also to a number of specific conflicts: (a) the provisions of the Class Councils, which impose legal duties for health professionals and whose normative power criminal is questionable against the Constitution of 1988, (b) the limitation of freedom of therapy before the medical duties and the ethical dilemmas of the profession, (c) a reconciliation of the professional practice of health and maintenance of business activity. The proposition of this research is therefore to evaluate the possibility of implementing a compliance program Medical as a mechanism for the prevention of crime within the medical business activity, according to the Brazilian structure and its constitutional model, considering the criminally reprehensible conduct more frequent in the sector.