Judicial interpretation of the legislation on the Dental Specialty of Orofacial Harmonization

Vol. 3 – Number 10 – 2022 Review article Page 58-67 Judicial interpretation of the legislation on the Dental Specialty of Orofacial Harmonization Diego Arturo Rezende¹ Ivan Toshio Maruo² ABSTRACT Introduction: Federal Board of Dentistry (CFO) and medical entities do not agree about the legal competence of dental professional to practice the specialty of Orofacial Harmonization. So, the aim of this study was to verify what is the judicial interpretation regarding this matter. Methods: A survey of legal processes about this subject was carried out in the Distinguished Federal Regional Courts of Brazil. Results and Conclusions: 1) Up to the present date, there is no definitive manifestation of Judicial Courts which can resolve the doubts raised about legal competence of dental professional to practice the specialty of Orofacial Harmonization; 2) In some judicial processes, there was no actual judicial interpretation, because they were extincted without resolution of merit due to some procedural defect; 3) In some judicial processes, the files are with the Judge-Rapporteur waiting for his decision; 4) In one of the first processes to have a decision, even a preliminar one, there was a tendency for the Judiciary to prohibit dentists to perform Orofacial Harmonization procedures; 5) In more recent judicial interpretations, a change in legal reasoning was identified, tending to admit the performance of such procedures, conditional on the professional having completed a Specialization Course which fullfill minimum requirements determined by CFO; and 6) Until a final decision that change the current situation occurs, there is no legal obstacle that either invalidates or obstructs the practice of Orofacial Harmonization by dentists. Descriptors: Botulinum toxin, dermal fillers, dental specialty, professional competence. ¹ Bachelor of Laws – UFPR and Lawyer, Specialist in Civil Procedural Law – Instituto Romeu Felipe Bacellar. ² Me. and Dr. in Dentistry (Orthodontics) – PUCPR, Bachelor of Law – Curitiba Law School and Lawyer. DOI: 10.24077/2022;3103125