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Committee on Constitution and Justice approves increase penalty for Medicine, Dentistry and Pharmacy illegal practice


Committee on Constitution and Justice approves increase penalty for Medicine, Dentistry and Pharmacy illegal practice

The Committee on Constitution and Justice and Citizenship of the Representatives House approved on Tuesday (18) proposal to amend the Criminal Code (Decree Law 2,848/40) to increase the penalties for those who illegally perform own medical practice, dentists or pharmacists.

Favorable penalty enhancement idea, the rapporteur on the commission, Deputy João Campos (PSDB -GO), has decided to present a substitute to modify the original text - Bill 3063/08 by Mr. Edio Lopes (PMDB -RR ) - and differentiate the punishment applied to the false professionals - working without legal authorization - and applied to professionals that exceed the limit authorized by law.

By the approved text, the profession of doctor, dentist or pharmacist, illegal practice even for free, subject to the false professional imprisonment, 2-6 years and a fine. Currently, the Criminal Code provides, in this case, detention from 6 months to 2 years.

In the case of a qualified professional transcend the limits of the legal action, the penalty provided in the substitute's detention 1-3 years and a fine.

Practice and action
The original draft text provided for imprisonment from 2 to 6 years and a fine for every practice case - and not for action - illegal to own doctors, dentists or pharmacists acts.

According to the rapporteur, the original draft idea is to punish the practice (single act) and not the profession, which requires customary character of the conduct does not constitute a crime against public health. "The fake doctors, dentists or pharmacists existence, put in the public health risk when there is these professions repeated practice illegally, not when someone practices an isolated conduct," argued the rapporteur .

Campos pointed out, however, the own medical, dentists or pharmacists individual practice also deserves punishment, but it should be framed as other crimes such as embezzlement, false crimes or even bodily harm and murder.

The rapporteur kept part of the original project which provided for punishment for those who employ no person legally authorized to perform acts related to the doctor, dentist or pharmacist profession, or simply allows the realization of these activities, although free of charge. The approved text provides for this case penalty of imprisonment from 1 to 3 years and fine. In the original project worth was greater: imprisonment 2-6 years and a fine.

Finally, the substitute also provides an increased punishment, 1/3 to 2/3, in addition to a fine, if the false professional practice crime applying invasive procedures (such as surgery) and if prescribed or applied controlled prescription drug . Currently, the Criminal Code only provides punishment for this conduct for the financial gain purpose. "It's hard to imagine another criminal intention than to profit illegally practicing these professions," concluded the rapporteur.

Source: Agência Senado
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