Medicamentos e inovação: o papel do Estado no desenvolvimento da assistência farmacêutica brasileira

Abstract

The states role in the regulation of pharmaceutical care is controversial. Some authors advocate the need for state action without the participation of private sector in the provision of health services; others sustain that only the abstention of the Government can improve the system. The main objective of this work is to demonstrate the states regulatory gaps that prevent economic and social development of pharmaceutical care and therefore the access of the population to pharmaceutical innovations. To achieve this purpose, the theoretical framework adopted will be the legal theory of development, elaborated by Calixto Salomão Filho. According to this theory, economic development can be analyzed in the perspective of 03 (three) principles (values), namely: redistribution, dissemination of knowledge and cooperation, in order to examine the regulatory role of the state. Considering the legal theory of development, the hypothesis is that the current Brazilian regulatory model of pharmaceutical care is unsatisfactory, since it does not achieve the socio-economic democracy. The methodological approach will cover the study and analysis of legislation, doctrinal texts and statistical data. This work is relevant, since the relationship between regulation/health, and development/democracy, in the legal sense, is not explored. Therefore, it aims to examine legal issues that point the bottlenecks and challenges of the public health and the healthindustrial complex in Brazil.