CIVIL LIABILITY OF PLASTIC SURGEONS IN BEAUTIFUL AESTHETIC PROCEDURES

Concerning the topic of medical civil liability, the specific focus is on addressing the responsibility applicable to plastic surgeons engaged in exclusively aesthetic procedures. This area remains a source of uncertainty for legal practitioners, leading to divergent opinions. The objective is to provide a historical and conceptual overview, guiding the reader toward an understanding of the central theme, which revolves around the application of a doctor's civil liability-either subjective with presumed guilt or objective-and its associated consequences. This study takes the form of a bibliographical and jurisprudential research, conducted through an integrative review. The goal is to examine the perspectives of leading legal scholars, the positions taken by higher courts, and an analysis of how the Brazilian legal system addresses this issue. Both the prevailing doctrine and judicial decisions commonly assert that the plastic surgeon's obligation in aesthetic procedures is outcome-oriented, potentially involving either objective or subjective civil liability with a presumption of guilt. Upon careful consideration of the literature and legal sources, it becomes evident thatthe liability cannot be purely objective. This stems from the absence of legal provisions and/or the classification as a risky activity. The Civil Code of 2002 and the Consumer Defense Code clearly indicate the application of subjective responsibility. However, there is a notable confusion among scholars regarding these concepts and their applicability, with courts differing in their interpretation of the typicality of responsibility. These inconsistencies may pose formidable challenges for doctors involved in such disputes.