EXIGÊNCIA DO CÓDIGO DA CID EM ATESTADO: EMBASAMENTO LEGAL E ANÁLISE DA JURISPRUDÊNCIA ATUAL

Abstract

International Statistical Classification of Diseases and Health Related Problems (ICD) is the global standard for diagnostic health information, providing key information about diseases, their causes, and consequences, leading to improvement on public and labor health. Its disclosure may expose employers when required by employers. Based on this context, the aim of this study is to analyze decisions law decisions and judgements reports from the Federal Labor Court between 2012 and 2022, the understanding of judges on the subject, the basis and distribution of decisions in this matter. Research was conducted on Superior Labor Court of Brazil website, using the keywords in Portuguese “requirement”, “ICD”, “statement” and “medical” between 2012 and 2022. It was found 18 judgements, 94% from South and Southeast of Brazil. Almost 70% of them were against the requirement of ICD in medical statement, basing their decisions on our Federal Constitution (FC), resolutions of the Federal Medical Council (FMC) and Civil Code (CC). In conclusion, the Brazilian Law understands that the employee’s privacy when seeking for medical help is above the employer’s requirement. It is believed the new General Data Protection Law (GDPL) may reinforce this common Legal Knowledge and help footing new orders.