NEPUGA informs biomedical professionals and the academic community that, in recent days, content has been circulating about the case discussing CFBM Resolution No. 241/2014.
It is important to clarify, calmly and responsibly, that a first-instance ruling ordered the annulment of that resolution, but this type of decision does not automatically close the matter, since it remains subject to higher courts. The CFBM (Brazil's Federal Council of Biomedicine) has filed an appeal against the decision just issued by the TRF1 (Brazil's Federal Regional Court of the 1st Region), so the discussion is still ongoing and should not be treated as final at this time.
In light of this, NEPUGA advises avoiding hasty conclusions and not relying on headlines or excerpts without technical analysis, and recommends following the official communications of the CFBM/CRBMs and any regulatory guidance issued by the competent bodies.
NEPUGA will continue to follow the matter and, if there are relevant official updates, will communicate them in an objective and responsible manner.
For more information and supporting detail, also read the official statement from the Federal Council of Biomedicine (CFBM) on the topic:
The Federal Council of Biomedicine (CFBM), out of respect for biomedical professionals and Brazilian society, publicly clarifies the recent legal developments regarding Resolution No. 241/2014, which governs the role of biomedical professionals in the aesthetics field.
Recently, the Federal Regional Court of the 1st Region (TRF1) issued a decision annulling that Resolution. In the view of this Federal Council, the decision was mistaken and reflects an interpretation that disregards the solid scientific foundation and rigorous academic training that qualify biomedical professionals to practice aesthetic activities.
The CFBM filed an appeal (Motion for Clarification) to correct omissions and contradictions in the decision, including with modifying effects, reaffirming that regulating the profession is a legal responsibility of this Council and that biomedical professionals have full technical competence to perform the procedures provided for. It is essential to emphasize that several appeals are still available and that the decision is not final, nor does it represent the Judiciary's last word on the subject. The case will continue to be the object of rigorous legal debate.
This federal agency stresses that the court decision does not prevent biomedical professionals from working in aesthetic health. Duly qualified professionals remain fully supported by a robust regulatory framework that remains in force, including Resolutions No. 197/2011, 200/2011, 307/2019, 347/2022, 348/2022, 359/2023, and 363/2023, as well as Normative Instructions No. 001/2012, 003/2015, 004/2015, and 005/2015, all issued by the Federal Council of Biomedicine. Legal certainty for the profession's practice is therefore maintained through these regulations currently in force.
The CFBM reaffirms its unwavering commitment to fight in all judicial instances (STJ and STF) to ensure that biomedical professionals qualified in aesthetics can continue to practice their profession with dignity.
Read the full Clarification Note at https://cfbm.gov.br
Laís Bianquini
NEPUGA content team — Núcleo de Especializações Ana Carolina Puga.
