Defense Attorney for Dr. Ana Carolina Puga Issues Statement on Lawsuit Filed by CREMESP
In a decision favorable to Dr. Ana Carolina Puga, the Federal Court recognized the legality of the aesthetic biomedical professional's practice and her ability to teach courses in the field. The lawsuit filed by CREMESP, which sought to restrict her activities, was dismissed. The case highlights the importance of unity among the health professions to defend their rights and ensure the public has access to quality services.
Through a decision issued on April 2, 2024 by the judge of the 12th Federal Civil Court of São Paulo, in the Public Civil Action (5034777-31.2023.4.03.6100) filed by CREMESP against Dr. Ana Carolina Puga, the CFBM, and the CRBM of the 1st Region, the request for a preliminary injunction that sought to prevent the aesthetic biomedical professional from performing procedures in her field, as well as from teaching courses and/or giving lectures related to aesthetic procedures, was denied. CREMESP argues that “[…] the aesthetic procedures performed by the co-defendant are invasive, therefore, they can only be practiced by physicians.”
In the defense filed by Dr. Ana Carolina Puga, her absolute professional regularity was proven, showing that she acts as a pioneer in the field of aesthetic health, always based on the Resolutions and other regulations issued by the Federal Council of Biomedicine – CFBM, thus acting, unquestionably, in the regular exercise of a right.
After analyzing the arguments and documentation presented, the federal judge denied the urgent relief requested by CREMESP, recognizing, on a summary assessment, the regularity of all acts performed by the professional, and stating in the decision issued that: “[…] the procedures to which the plaintiff Council objects are duly regulated. And, since the defendant has the necessary education and specialization, on a preliminary analysis, she is able to perform them without incurring any illegality.”.
The lawsuit filed by CREMESP is not the first attack of this kind, and it highlights the need for unity among the professions
Attempts by the Medical Councils to curtail rights won by other professions working within health care are frequent, always seeking to secure their own market reserve, under the same argument that duly regulated practices somehow violate the Medical Act Law.
Faced with this stance, which contributes nothing to advances in health care or to how they positively influence people's well-being, it is necessary that the class of biomedical professionals remain united and alert in defense of their own rights.
Dr. Ana Carolina Puga takes part in a clinical immersion of the aesthetics Postgraduate Program with professionals from different backgrounds.
In aesthetic health practice, this unity has much to gain as it extends into solidarity among biomedical professionals, nurses, pharmacists, biologists, dental surgeons, and physiotherapists – all professions constantly threatened by the exclusionary interests of medicine.
The aesthetics specialty has enormous potential, both in professional opportunities and in its impact on patients' lives, who can increasingly count on the development of technologies and well-qualified professionals.
The unity of the different health professions therefore has everything it takes not only to protect the rights already won, but also to contribute enormously to gaining new and greater opportunities, drawing on all the potential contained in the training and careers of those who chose care as their profession.
L
Laís Bianquini
NEPUGA content team — Núcleo de Especializações Ana Carolina Puga.
