CONFLICT CONFLICT BETWEEN SECRECY AND ACCESS TO INFORMATION: THE CASE OF MEDICAL PRONOUNIVERSES IN THE JURISPRUDENCE OF THE SUPERIOR COURT OF JUSTICE

Abstract

Aiming to know the current meaning of medical report and evaluate if the jurisprudence of the Superior Court of Justice applies reasonably the precepts contained in the Law of Access to Information and the values included in medical confidentiality, as referring to the use of medical reports (right of privacy). The study used the dialectic method, admitting that the facts should be considered in only one contemporary context because it is fundamental to the analysis to contemplate the contradictions seen in history, that call for solutions. Therefore, it is not possible to get real knowledge from the information in the medical reports if there is no respect for the privacy of the patient.