TELEMEDICINA APLICADA NA PERÍCIA MÉDICA: ANÁLISE ÉTICO-LEGAL E TÉCNICA SOBRE A PRODUÇÃO DA PROVA PERICIAL DURANTE A PANDEMIA de SARS-CoV2/COVID-19.
Os autores informam que não há conflito de interesses
Antônio Macena de Figueiredo (1)
Carlos Alberto Araújo Chagas (1)
(1) Universidade Federal Fluminense, Rio de Janeiro-RJ.
The study aims to analyze the ethical, legal and technical feasibility of expert evidence using telemedicine resources while the crisis caused by the Covid19 pandemic continues. With regard to the methods of approach used for the preparation of the article, this is a retrospective study on the use of telemedicine. Deductive reasoning was used to analyze the legislation relevant to the matter, based on the analysis of ethical norms, civil procedural laws, non-legal norms, labor laws, social security, specific exceptions and jurisprudence. Tha authors’ conclusin is the ethical unfeasibility of assessing an injured person’s incapacity to work for insurance claims to the National Institute of Social Security (INSS) as well as of occupational evaluation, using telemedicine or similar technologies. From the analysis of civil procedural law, it appears that there are no legal obstacles, whereas labor law requires face-to-face examination. In social security procedures, the use of virtual expertise to justify granting benefits is limited to cases where there are no signs of irregularity. In lawsuits that deal with social security benefits due to disability or assistance to technical conditions defined by Resolution No. 317/2020 of the National Council of Justice, there will be the support of the jurisprudence.
Keywords: Telemedicine. Legislation. Expert testimony. Labor. Social security.