Tipos penais e sua ocorrência no exercício profissional de enfermagem: análise de processos ético-disciplinares

Abstract

Introduction: Ethical infraction involving criminal types violates ethical norms, professional duties and the very essence of the profession, but the facts have a strong relationship with the valorative choices of the involved. This study addressed infractions committed by nursing professional considered criminal types in the ethical processes judged by COREN-SP in the years 2012 and 2013. Objectives: Identify, classify and describe the occurrences involving criminal types in the ethical processes judged by COREN-SP in the 2012-2013 period; analyze the testimonies of professionals convicted of the practice of criminal types and identify the existence of factors that trigger the professional's attitude. Methodology: Documentary study with a quantitative-qualitative approach, based on data from 399 professionals judge by COREN-SP in the period mentioned. From the established criteria, 13 processes were selected that fulfilled the requirements for institutionalizing the complaint, whose professionals were convicted of ethical offenses considered criminal types. From the identification of thematic units in the testimonies of the professionals, analytical categories that emerged from the speeches were constructed. Thus, we opted for the theoretical-philosophical framework of three-dimensional theory of law and moral deliberation. Results: The quantitative study covered 399 judged professionals and provided data for the composition of a first portrait of criminal types in nursing with the identification of 169 professionals in processes related to criminal types. Mid-level professionals were the most involved (71%), with the category of Nursing assistants being the most evident (49,1%). There was greater evidence of female professionals (67,5%), as well as newcomers trained at the most 5 years ago (43,2%), in the age group of 31 to 49 years (38,7%). With regard to the occurrences themselves, most are of a procedural nature with result of death or bodily injury. Regarding occurrences of an attitudinal nature, the illegal exercise of profession had a higher incidence, followed by document forgery. Negligence cases had a higher incidence of death and personal injury. As the outcome of the trials, 63,3% of the professionals involved were found guilty and the most applied penalty was a warning (21,5%). The criminal types found were identified and classified, following the criteria established by the CPB and the synthesis of each process was presented based on the methodology proposed by Schneider. From the professional's testimonies, seven analytical categories were formulated. Discussion: It was observed in the testimonies; the importance of analyzing the specific case, based on the facts, rules and duties violated and the values involved, because just as some expressed regret and knowledge of the illegal act, others did not express regret for the practice of the harmful act practiced, with a speech of denial, authority or persecution. Factors related to working conditions, financial and psychological and/or social were id...