Brazil's Supreme Court Justice Dino votes to curb medical council power over education

Brazil's Supreme Court Justice Flávio Dino has cast a pivotal vote to dismantle a resolution by the Federal Council of Medicine (CFM) that granted regional medical councils the authority to interfere with and shut down medical education programs. Dino, who is the rapporteur for the case, was joined by Justice Alexandre de Moraes in his decision.

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It is not given to the Professional Council to claim for itself, by unilateral and infralegal act, prerogatives that the law has conferred upon educational bodies.

The legal challenge was initiated by the Association of Independent Higher Education Providers (Amies), which contested the regional medical councils' role in overseeing higher education courses. Dino asserted that the power to intervene in educational programs rests with the Executive Branch, not with professional councils. He emphasized that professional bodies cannot unilaterally claim prerogatives legally assigned to educational bodies.

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It is impossible for the CFM to be the instance that will arbitrate the meaning of the terms 'fair' and 'dignified'.

Furthermore, Dino's vote also suspended a provision within the CFM resolution that mandated "fair and dignified" remuneration for medical course coordinators. He stated that it is impossible for the CFM to be the ultimate arbiter of what constitutes "fair" or "dignified" compensation.

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All foreseen sanctions have a personal nature.

Justice Dino clarified that while professional councils can sanction individual practitioners, they lack the authority to penalize institutions or services. He explained that sanctions are personal in nature, meaning the council can initiate ethical proceedings against a doctor and impose legal penalties, including professional suspension, but cannot halt the educational activities of an institution or close its premises.

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The Council can initiate an ethical-professional process against the responsible doctor and apply the sanctions provided by law, including the suspension of professional practice, when ethical misconduct is characterized. It cannot, however, suspend the teaching activity developed in a certain establishment nor interdict the place where it occurs.