Ex-BBB Marcos Harter receives punishment from CFM for violations of the Code of Medical Ethics

Marcos Harter, doctor and former BBB
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The doctor and former BBB participant Marcos Harter received punishment from the Federal Council of Medicine for infractions of the Code of Medical Ethics related to professional responsibility and patient care.
The decision, published in the Official Gazette of the Union this Thursday (21), maintains the penalty of "public censorship in an official publication" applied to the doctor after judgment by the Superior Court of Medical Ethics of the Council.
Marcos Harter became known nationally when participating in BBB 17, in 2017. At the time, he was expelled from the program after accusations of aggression against participant Emilly Araújo, champion of the edition. The case led to a complaint from the Public Ministry of Rio de Janeiro for bodily injury.
Now, in the professional sphere, the CFM concluded that the doctor violated articles 1, 23 and 32 of the Code of Medical Ethics.
The provisions prohibit doctors from:
causing harm to patients through negligence, imprudence or incompetence,
determining treatment without respect for human dignity and
failing to use scientifically sound diagnostic and therapeutic means recognized in favor of the patient.
The document published in the DOU, however, does not detail which concrete facts motivated the ethical condemnation.
G1 sought out doctor Marcos Harter, who stated, in a note, that he received "with serenity" the disclosure of information about the ethical-professional procedure underway at CRM-MT. He said he respected the CFM and the regional councils, stated that he had always practiced medicine ethically and said he saw "specific concern" in the handling of the case by the CRM-MT inspector, Magno Cezar, rapporteur of the case.
According to the doctor, they both work in the same segment of plastic surgery and there is a "historical personal animosity" between them, which, in his opinion, would compromise the impartiality of the procedure. Harter also stated that he understood that there was an "evident context of professional and personal persecution".
The surgeon also stated that the patient who originated the representation "never attended the procedural acts designated before the CRM/MT", without presenting "any technical evidence capable of corroborating the allegations".
To g1, CFM states that "ethical-professional processes are processed in secrecy, as provided for in the entity's Code of Ethical-Professional Process."
Marcos Harter is accused of attacking Emilly on BBB17
According to the ruling, the CFM councilors unanimously rejected an appeal presented by Harter and maintained the decision previously taken by the Regional Council of Medicine of the State of Mato Grosso.
The judgment of the appeal took place on April 10 of this year, but the original process has been ongoing since 2022.
What the punishment means
"Public censorship in publication official" is one of the penalties provided for in the legislation that regulates the practice of medicine in Brazil.
It is a formal ethical condemnation publicly disclosed by the professional council and recorded in the doctor's record.
The punishment does not automatically prevent the practice of the profession, unlike more serious sanctions, such as temporary suspension or revocation of medical registration.
History of investigations
In recent years, Marcos Harter was also involved in other episodes investigated by authorities.
In 2020, the doctor had his professional registration suspended for six months by the regional council of Mato Grosso after prices for plastic surgeries were published on social media.
In February this year, Harter's clinic was the target of a complaint from a patient who reported complications after plastic surgery carried out in Mato Grosso. The case is being investigated by the Civil Police.
According to the police report, the woman stated that she had developed an infection after the procedure and needed to have breast implants removed urgently at another health unit.
See Marcos Harter's note in full:
"Dr. Marcos de Oliveira Harter, plastic surgeon, publicly clarifies that he calmly received the disclosure of information related to an ethical-professional procedure in progress before the Regional Council of Medicine of the State of Mato Grosso - CRM/MT.
Initially, the professional highlights his absolute institutional respect for the Federal Council of Medicine - CFM, as well as the Regional Councils of Medicine across the country, recognizing the constitutional and social importance exercised by professional oversight bodies in preserving ethics medical, patient safety and the credibility of Brazilian medicine.
Dr. Marcos Harter has always based his professional career on the ethical exercise of medicine, working for years in the area of plastic surgery, with broad professional recognition and relevant social activity, serving patients from different regions of the country.
However, without any intention of affronting or delegitimizing medical institutions, he understands that it is necessary to register specific concerns regarding the conduct of the procedure in question, especially in view of the performance of the doctor Dr. Magno Cezar, current Inspector of the CRM/MT, as Reporter of the Case.
It is public and well-known that both work in the same professional segment of plastic surgery, including with similar models of action, a circumstance that, added to the historical personal animosity between the parties, compromises the necessary impartiality that is expected from any ethical-disciplinary procedure.
Dr. Marcos Harter understands that the conduct of the aforementioned case occurred under an evident context of professional and personal persecution, a situation that will be demonstrated in due course by appropriate means, always with politeness and institutional respect and compliance with due legal process.
It is also important to highlight that the representation that led to the procedure was formulated by a patient who, according to the records themselves, never attended the procedural acts designated before the CRM/MT, failing to provide clarifications, answer questions or produce any technical evidence capable of corroborating the allegations initially presented.
Thus, the concern expressed by Dr. Marcos Harter is not directed at the legitimacy or institutional importance of the CFM/CRMs System, which deserves full respect, but rather the individualized way in which the procedure was conducted at the regional level, by Counselor Magno Cezar, in the face of concrete circumstances that highlight a possible conflict of interests and the absence of the indispensable impartiality.
Finally, the doctor reaffirms his trust in Brazilian institutions, in due legal process, in the right to adversarial proceedings and full defense, remaining available for all necessary clarifications through appropriate and competent channels."

Source: G1