Between Confidentiality and Justice: The Ethical and Legal Limits of Using Medical Records

ABSTRACT: This article analyzes medical records as an essential document at the interface between professional ethics, legislation, and the patient's right to privacy. The research discusses the impact of the General Data Protection Law (Law No. 13,709/2018) on the handling of sensitive information in the health sector, highlighting its relevance in data protection and strengthening doctor-patient confidentiality. The study addresses the dual role of medical records—as a clinical tool and as a legal means of defense for professionals—emphasizing their probative importance in legal and ethical-disciplinary proceedings. Based on an analysis of current legislation, such as the Code of Medical Ethics, the Federal Constitution of 1988, and the Resolutions of the Federal Council of Medicine, the study shows that medical confidentiality is an ethical and legal duty, which may only be breached in specific situations, such as by court order or to exercise the right of defense. The text also emphasizes the challenges posed by the digitization of medical records, which, although it facilitates access to information, increases the risks of data breaches and requires greater responsibility from professionals. It concludes that the balance between the protection of privacy and the right to a full defense must be achieved through careful consideration and strict observance of the ethical and legal standards applicable to the health sector.