Brazilian Court Rules Dental Council Resolution on Facial Harmonization Illegal

The 8th Panel of the Regional Federal Court of the 1st Region (TRF-1) has ruled that a 2019 resolution by the Federal Council of Dentistry (CFO) is illegal. The resolution in question had recognized orofacial harmonization as a dental specialty and authorized dentists to perform various aesthetic procedures on the face, including the application of botulinum toxin, facial fillers, lipoplasty, bichectomy, and laser therapy. The court decided by a 3 to 1 vote that professional councils cannot use administrative resolutions to expand professional competencies beyond the limits established by law. The ruling follows a civil action brought by several medical entities, including the Federal Council of Medicine (CFM), the Brazilian Medical Association (AMB), the Brazilian Society of Dermatology (SBD), and the Brazilian Society of Plastic Surgery. These organizations argued that the CFO exceeded its regulatory authority by permitting invasive aesthetic procedures that are not provided for in the legislation governing dentistry. The legal dispute centered on the interpretation of Law 5.081/1966, which regulates dentistry, and Law 12.842/2013, known as the Medical Act Law, which reserves certain invasive procedures for physicians. The CFO has stated it will appeal the decision and maintains that dentists may continue to perform procedures that fall within their legal area of competence while the process continues. Medical representatives emphasized that the decision is necessary for patient safety, noting that invasive procedures carry risks of serious complications that require medical training to manage.