2021-08-02 14:36:15 - 11

CBR Clarification Note on US and COFFITO

The Brazilian College of Radiology (CBR) would like to clarify and elucidate the true nature of information released on social media, in a distorted way, about the lawsuit filed by the Federal Council of Medicine against the Federal Council of Physiotherapy and Occupational Therapy. CFM recently filed a lawsuit against COFFITO, due to the illegal wording of Resolutions 404/2011, 408/2011 and 482/2017, which grant the physiotherapist and occupational therapist exclusive attributions of the medical professional, in express violation of the art. 4 of Law nº 12.842/13 (Medical Act Law). It is emphasized that it is not the role of the professional council to create attributions beyond what the Law allows and, in this case, there is no legal provision in Decree-Law No. perform or issue an examination report. Thus, the CFM made a request, in the context of urgent relief (“injunction”), for such resolutions to be suspended until the end of the process. However, understanding that the legal requirements were not present in the case, the judge rejected the request. It is essential, therefore, to clarify that the way in which the decision is being publicized suggests that the courts have won COFFITO, which does not reflect reality: the decision is only provisional and does not reflect the understanding of the Judiciary on the merits of the case. . Thus, in addition to the possibility of appeal to the Court against this provisional decision, the definitive opinion of the Judiciary will only in fact be issued with the sentence – a decision that is also subject to appeal –, after the presentation of all the necessary elements for the judge to form the its conviction about the process Finally, it should be noted that, in a similar process, against COFFITO Resolution No. 403, the CBR recently filed a request for assistance, providing even more subsidies to make it void. Thus, it is necessary to reinforce that the CBR, in partnership with the CFM, carefully monitors the judicial movements regarding the invasion of other professions in Medicine, always providing its support for the defense of Radiology.