A cirurgia plástica estética sempre consiste em obrigação de resultado?

Abstract

Aesthetic plastic surgery occupies a prominent position in contemporary medicine and, consequently, in Civil Law, particularly in the field of medical civil liability. Traditionally, Brazilian legal doctrine and case law, especially that of the Superior Court of Justice, have classified aesthetic plastic surgery as an obligation of result, based on the argument that patients, generally in good health, seek exclusively the attainment of a previously idealized aesthetic outcome. However, this automatic classification has been increasingly questioned due to the inherent risks of surgical procedures, the unpredictability of individual biological responses, and the multiplicity of variables that escape the control of healthcare professionals. In this context, the present study aims to critically analyze the automatic classification of aesthetic plastic surgery as an obligation of result, investigating whether this medical activity should indeed be framed in such terms or whether, in light of technical, legal, and ethical criteria, it should generally be understood as an obligation of means. The research adopts a qualitative and exploratory approach, based on the analysis of civil and medical-legal doctrine, the jurisprudence of higher courts, ethical regulations issued by the Federal Council of Medicine, and specialized medical literature. Initially, the study presents the fundamental concepts related to aesthetic and reconstructive plastic surgery, as well as the distinction between obligations of means and obligations of result. Subsequently, it examines both the favorable positions and the critical perspectives regarding the classification of aesthetic surgery as an obligation of result. The study concludes that, although aesthetic plastic surgery is marked by specific patient expectations, it cannot be dissociated from the inherent uncertainty of medical activity and, therefore, should generally be classified as an obligation of means, without prejudice to the physician’s liability in cases of professional fault, inadequate disclosure of information, or misleading medical advertising. Finally, the practical implications of recognizing aesthetic plastic surgery as an obligation of means are analyzed, both in the judicial sphere and in daily medical practice, highlighting the role of Medical Law, particularly in its preventive dimension, in reducing litigation.