Fornecimento pelo estado de medicamentos não registrados pela Agência Nacional de Vigilância Sanitária (ANVISA) frente aos direitos fundamentais vida e saúde

• Autor(a) principal: Henrique, Juliana
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5776
• topic: ANVISA; Medicamentos; Direitos fundamentais; Legalidade

The purpose of this monographic work was to analyze whether or not it is the duty of the State to guarantee the supply of experimental or imported medicines and, if the need for submission to the previous ANVISA regulations (National Health Surveillance Agency) can be mitigated in order to safeguard the natural and fundamental rights of the person as the right to life and health. To achieve this goal, the deductive approach was used. As for the type of research was exploratory. As for the method of procedure, bibliographical and documentary analysis was applied to the analysis of books, websites, magazines, newspapers, doctrines and 6 6 jurisprudence on the subject. The research begins with introductory aspects and, after the approach is taken on the role of the National Agency of Sanitary Surveillance (ANVISA), on the necessary steps for the medicines to be registered in Brazil, on the programs for access to such medicines , on the possibility of importing medicines for personal use and the analysis of Law no. 6.360/76, in the aspects that matter to the present study. Following the study, a brief conceptualization was made on the natural and fundamental human rights: life, health, the right to well-being (existential minimum) and the principle of human dignity, specifying the function exercised by the State in relation to the mentioned rights. As a result of the present research, the possibility of supplying drugs not regulated by ANVISA (imported and experimental) by the State in exceptional cases when there was previous medical prescription and absence of other treatment regulated by ANVISA that can safeguard life. Faced with the confrontation between submission to regulations and the tax law with fundamental rights life and health should remain the latter.