O Direito, a Medicina e a indústria farmacêutica: desafios e implicações para a saúde pública

Abstract

This work addresses the relationship between the pharmaceutical industry, ethics, and medicine in relation to organized crime involving drugs and other problematic issues. The approach adopted by the industry to promote its products to physicians suggests the use of strategies that can distance these professionals from essential bioethical principles, resulting in harm to both individuals and public policies. The study starts from the premise that criminal organizations are increasingly involved in the production, distribution, research, and illegal sale of drugs with unproven efficacy, adulterated or of low quality, and aims to investigate the complex interactions between these elements and analyze the implications for public health and society as a whole. Issues related to access to drugs, clinical research, pharmaceutical marketing, and conflicts of interest are examined from an ethical perspective, considering the impacts on equity, transparency, and objectivity of medical practices, principles that guide the Unified Health System (SUS). The crucial role of law in regulating and governing this area is also emphasized, addressing topics such as drug regulation and approval, intellectual property, administrative misconduct, civil liability, and criminalization of the pharmaceutical sector. Laws play a fundamental role in protecting individuals, ensuring the quality of drugs, and holding those involved in criminal activities accountable. Therefore, a critical analysis of the commercial practice of the pharmaceutical industry, the laws that regulate it, the challenges faced by the SUS, and their implications for guaranteeing the right to health is necessary.