THE MEDICAL SECRET AND THE DISSEMINATION OF INFORMATION IN SOCIAL NETWORKS IN A SITUATION OF PANDEMIC: A COMPARATIVE STUDY BETWEEN BRAZIL AND MEXICO

Abstract

Among the debates in bioethics we find the collision of rights that arises between the patient and third parties in light of the possible limitations of medical secrecy when it affects the rights of third parties, particularly in cases that affect the society like a pandemic; These limitations to the aforementioned right, which is part of the right to privacy of patients, must be carefully weighed and clarified, which to date is still complex. This research work focuses on these dimensions, their legal framework and the risks that represent the safeguarding of human rights faced. It is based on the hypothesis that the patient's right to privacy may be restricted for the sake of an affected public interest or when the need to inform subjects determined by the risks that such secret implies for their right to health is evident. legal hermeneutics and epistemology to arrive at the verification of the hypothesis with the exceptions that the same work determines, relying on an extensive literature review, the relevant legislation and existing jurisprudence to support such conclusions.