O dano estético decorrente das cirurgias plásticas embelezadoras: abordagem doutrinária e jurisprudencial

Abstract

The beauty standards propagated by the media made the number of plastic surgeries increase significantly, simultaneously expanding an occurrence of damages and lawsuits for civil liability of the physician. In this way, this thesis tries to analyze the responsibility of the plastic surgeon for aesthetic damages, as well as its relation with the duty of information. Therefore, initially, there were considerations about the alteration of the vision thrown to the body over the centuries, as well as the concomitant transformations of the Law, which came to protect the dignity of the human person as a greater good. In this sense, the good faith objective was examined as an integral part of the doctor-patient relationship, deepening the study of the information duty, intensified in plastic surgery. In addition, medical errors were focused on beautifying procedures that culminate in aesthetic damage. Also discussed the civil liability of the physician, based on subjectivity due to guilt, which is aggravated to the plastic surgeon, being presumed. For the execution of this monograph, the method of deductive approach and the methods of comparative and monographic procedures were applied. This was used to conduct a case study to understand if the professional is actually held accountable in cases of medical error for aesthetic damage, as well as whether the duty of information effectively has autonomous treatment; while that fostered research on the physician's responsibility, correlating it with aesthetic damage. It was concluded, therefore, that the doctrinal precepts analyzed in this study are effectively applied by the jurisprudence in the proposed lawsuits against the plastic surgeon for aesthetic damages.