Justice bars medical entity from offering specialist title to doctors
Brazil's federal court has prohibited the Ordem Médica Brasileira from advertising or offering specialist titles, ruling it lacks legal authority to do so.
In a significant legal ruling, the Federal Court of Santa Catarina has ordered the Ordem Médica Brasileira (OMB) to cease all advertisement and offerings of specialist titles to doctors across Brazil. This decision, which follows a formal request from the Conselho Federal de Medicina (CFM), comes with a daily fine of R$ 1,000 for non-compliance. The OMB’s ability to certify specialists, including cardiologists and pediatricians, has been a point of contention since 2024 amid ongoing disputes with the Associação Médica Brasileira (AMB), which currently holds this right by federal decree.
Judge Adriana Regina Barni of the 2nd Federal Court of Florianópolis ruled that the OMB, as a private entity, does not have the legal competency to issue specialist titles. While emphasizing the constitutional guarantee of free association, the judge clarified that the issuance of specialist titles is limited to those societies linked to the AMB or accredited residency programs under the National Commission. This verdict could significantly impact the landscape of medical specialization in Brazil, which has been under debate due to the rivalry between the OMB and the AMB.
In light of this ruling, the OMB may explore avenues for appeal or alternative measures to establish its legitimacy in certifying medical specialists. The government and regulatory bodies must now address the implications of this conflict, as it affects the recognition and certification processes of medical professionals in Brazil—an essential factor for public trust in the healthcare system and regulatory compliance.