THE LEGAL NATURE OF THE PLASTIC SURGEON’S OBLIGATION IN COSMETIC PROCEDURES

Abstract

This article analyzes the legal nature of the surgeon’s obligation in aesthetic procedures within the Brazilian legal system, investigating the distinction between the obligation of means and the obligation of result, as well as its implications for the civil liability of healthcare professionals. The central issue of the study is to understand to what extent aesthetic procedures performed solely for beautification purposes may generate a legitimate expectation of results, thereby influencing the distribution of the burden of proof and the characterization of civil liability. Methodologically, the research adopts a qualitative approach based on bibliographic and documentary analysis, including specialized legal literature and Brazilian jurisprudence, particularly decisions of the Superior Court of Justice (STJ) concerning civil liability in aesthetic surgery. The findings indicate that although medical liability has traditionally been considered an obligation of means, Brazilian jurisprudence has recognized, in certain cases involving purely aesthetic surgery, a tendency toward the characterization of an obligation of result, especially when there is an objective expectation of aesthetic improvement on the part of the patient. In this context, particular emphasis is placed on the relevance of the reversal of the burden of proof, as well as on the strict observance of the physician’s duty to inform and the formalization of informed consent. It is concluded that proper documentation in the medical record and transparent communication between physician and patient constitute fundamental instruments for ensuring legal certainty for both parties and for preventing disputes in the field of medical civil liability.