Post by account_disabled on Jan 24, 2024 22:34:47 GMT -8
The price of medicines in Brazil and that it is exercised by CMED according to mathematical parameters, in accordance with criteria defined by law. What has been happening in our judicial practice is yet another form of judicialization of health, which has already caused so much damage to the health insurance market, causing disruption and disorganization in the sector. These are actions filed by the Public Prosecutor's Office and government entities wanting the judiciary to establish the price of medicines, but, naturally, they do not follow mathematical criteria recognized worldwide and adopted in our regulatory model, but following a “baker's bill” and using the well-known constitutional dogmatics of “balancing principles” of any right against the “fundamental right to health”.
But it is one thing for the Judiciary — which, as mentioned, has already Buy Phone Number List caused some confusion in health plans — to determine the provision of a medicine by the state, even if there are no budgetary resources in the name of the “fundamental right to health”, it is another thing to interfere in the free enterprise of companies, which is also a constitutional principle. It would greatly violate free enterprise to force a private entity to supply its products at a certain price that is not in accordance with the country's legislation. In addition to violating free enterprise, it mortally violates legal security. If the Judiciary joins the bandwagon of the Public Ministry and states of the federation that are judicializing the issue and begins to determine the supply of medicines at prices defined in preliminary injunction, according to mathematical criteria that are not very consistent, we will have a return to the past and we will be renouncing the 30 years evolution of our regulatory model.
Not to mention the avalanche of cases that is already plaguing the same judiciary. The two ministers highlighted that the cases under analysis involve international passenger air transport companies, which carry out activities qualified as provision of services. Therefore, they stressed, it is a legal consumer relationship, with the application of the CDC being mandatory. Advances For lawyer João Augusto Sousa Muniz , specialist in consumer relations and partner at PLKC Advogados, the trial is an important step towards pacifying the understanding of the issue in the courts. In his assessment, the result brings progress, although it appears that there has been a reduction in consumer rights, as the statute of limitations for filing compensation actions provided for in the conventions is shorter than that foreseen by the CDC, and in the conventions there is a provision for limiting the value of compensation.
But it is one thing for the Judiciary — which, as mentioned, has already Buy Phone Number List caused some confusion in health plans — to determine the provision of a medicine by the state, even if there are no budgetary resources in the name of the “fundamental right to health”, it is another thing to interfere in the free enterprise of companies, which is also a constitutional principle. It would greatly violate free enterprise to force a private entity to supply its products at a certain price that is not in accordance with the country's legislation. In addition to violating free enterprise, it mortally violates legal security. If the Judiciary joins the bandwagon of the Public Ministry and states of the federation that are judicializing the issue and begins to determine the supply of medicines at prices defined in preliminary injunction, according to mathematical criteria that are not very consistent, we will have a return to the past and we will be renouncing the 30 years evolution of our regulatory model.
Not to mention the avalanche of cases that is already plaguing the same judiciary. The two ministers highlighted that the cases under analysis involve international passenger air transport companies, which carry out activities qualified as provision of services. Therefore, they stressed, it is a legal consumer relationship, with the application of the CDC being mandatory. Advances For lawyer João Augusto Sousa Muniz , specialist in consumer relations and partner at PLKC Advogados, the trial is an important step towards pacifying the understanding of the issue in the courts. In his assessment, the result brings progress, although it appears that there has been a reduction in consumer rights, as the statute of limitations for filing compensation actions provided for in the conventions is shorter than that foreseen by the CDC, and in the conventions there is a provision for limiting the value of compensation.