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The nutritionist and gynecologist Sergio Marcussi, who has a clinic in the city of Belo Horizonte (MG), offered certificates until yesterday so that people could avoid the mandatory use of masks in public environments. The case came to light after a publication by Congressman Daniel Silveira (PSL-RJ).
“I already issued 20 certificates of that today. We are spreading it,” the specialist posted on a social network. Wanted for Twitter, the doctor did not respond to interview requests. After the repercussions of the case, he deleted his profile on Twitter.
On Twitter, the congressman narrated that he was approached at the airport when he embarked for the Federal District without the mandatory protective equipment.
“I explained that the law 14.019 / 20, article 3, supports me with a medical license that guarantees me not to use it and I continued the mission. That ideological muzzle must be fought ”, the politician wrote on Monday (26). Shortly after, he dialed Dr. Sergio Marcussi, who retweeted the deputy’s post and commented: “The daily struggle.”
Deleted publication of Dr. Sergio Marcussi
Image: Playback / Social networks
Mask requirement
Law 14.019 / 20, cited by Silveira, was sanctioned by President Jair Bolsonaro (without party) in July, and provides for the mandatory use of facial protection on public roads and public transport such as buses, subways, taxis, application cars, airplanes . or letters for collective use.
The seventh paragraph of article 3 of the federal law establishes, however, that people with autism spectrum disorder, intellectual disabilities, sensory deficiencies or any other diagnosis that prevents them from using the face protection mask properly are exempt the obligation of use, requiring the presentation of a medical license.
In the Federal District, state decree No. 40,648, of April 23, 2020, also guarantees the exemption from obligation for people with intellectual disabilities or psychosocial disorders and other people who have a recognized need, and the impossibility of wearing a mask through Health Service.
There is no standard protocol or specification on the type of sick leave required by law.
Federal law says, however, that the medical license can even be obtained digitally, since the Ministry of Health has regulated, exceptionally and temporarily, the issuance of prescriptions and medical certificates remotely using an electronic signature.
Also, any medical certificate is valid nationally as long as it has the doctor’s CRM and patient data.
“Muzzle”
In the now deleted post, Sergio Marcussi posted an image of Daniel Silveira’s post on Instagram, showing the certificate with Marcussi’s clinic letterhead and a plaque.
“This is the solution for you to get rid of the muzzle. I also call it a halter,” he shared.
Doctor Sérgio Marcussi in the photo he uses on social networks
Image: Reproduction Social Networks
After the publication of the state deputy had more than 1,800 shares, Sergio Marcussi began to respond to Twitter users who were interested in the certificate.
“I sent a message to my clinic. My secretaries will help you open a file,” said the specialist.
According to article 302 of the Penal Code, the issuance of a false certificate by a doctor of the profession can carry a prison sentence of one month to one year. If there is a charge for issuing the certificate, there is also a penalty.
Wanted for TwitterThe Federal Council of Medicine responded that the entity is an appeal body and that the case should be investigated initially by the Regional Council of Medicine of Minas Gerais, but the second body, in turn, did not respond to the request for an interview.
The report attempted to reach the doctor by phone, but received no response. If submitted, the position will be included in this report.
