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This paper is a theoretical discussion that explores medical confidentiality within the context of Brazilian law about underage consent sex. Brazilian law determines that the age of consent for sexual intercourse is 14 years. Before this limit, physicians should report the sexual activity of adolescents, breaking the confidentiality of the consultation. The medical code of ethics prohibits the breach of professional confidentiality of a minor patient, including their parents or legal representatives, unless a lack of disclosure may cause harm to the patient.
The legal issue seems to go beyond the ethical issue; however, the breach of confidentiality can cause more risks than benefits by removing these adolescents from health services. The law aims to protect the sexual dignity of teenagers under 14 years old, but the particularities of each case must be considered, and flexibility concerning medical confidentiality should be included.
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Rizvi MB, et al. In: StatPearls [Internet]. Confidentiality of patient-related information. Weiner BA, et al. Arch Ophthalmol. PMID: Review. Breaching confidentiality: medical mandatory reporting laws in Iran. Milanifar A, et al. J Med Ethics Hist Med. Confidential Care for Adolescents in the U. Health Care System. Pathak PR, Chou A. Pathak PR, et al. J Patient Cent Res Rev. See all similar articles. Our future: A Lancet commission on adolescent health and wellbeing. Lancet ; Youth-friendly primary-care services: How are we doing and what more needs to be done?
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Medical confidentiality in underage consent sex in Brazil