O Direito à saúde e as patentes no Brasil: uma análise a respeito do julgamento da ADI 5529/DF e os seus reflexos no âmbito do Sistema Único de Saúde (SUS) e no âmbito privado
The Direct Action of Unconstitutionality 5529 (ADI 5529) was judged by the Supreme Court on May 12, 2021. ADI 5529 declared the unconstitutionality of the sole paragraph of article 40 of the Industrial Property Law. The judgment is the result of intense discussions about the term of validity of pate...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/46868 |
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| Resumo: | The Direct Action of Unconstitutionality 5529 (ADI 5529) was judged by the Supreme Court on May 12, 2021. ADI 5529 declared the unconstitutionality of the sole paragraph of article 40 of the Industrial Property Law. The judgment is the result of intense discussions about the term of validity of patents and has a direct impact on pharmaceutical processes, equipment and materials in health use. The present work has the purpose of analyzing the impacts caused by the judgment in the realization of the right to health in the SUS and in society. In this sense, the problem is to verify whether the term of validity of patents in the sole paragraph of article 40 of the Industrial Property Law made it difficult to implement the fundamental right to health, provided for in the Federal Constitution of 1988. Through the logical-deductive method used in the research, it was found that the declaration of unconstitutionality issued in ADI 5529 is in accordance with constitutional precepts, as it guarantees the population access to medicines, health equipment and the treatment of various diseases. In addition, it ensures the performance of the SUS, which represents one of the greatest achievements of Brazilians. |
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