Licenciamento compulsório de patentes dos anti-retrovirais como instrumento de política pública de saúde

Abstract

This study aims to discuss the compulsory license for anti-retroviral drugs as a governmental choice for the implementation of certain public health policies. In order to accomplish such assignment, we present the historical evolution of public health policies in Brazil, the means of financial support concerning health policies today, and the criteria used for the allocation of financial resources in health policies. After, we discuss the role played by social actors in the determination of the health agenda, and, finally, we analyze some aspects of patent law in regards to the possibility of deploying compulsory license as an efficient instrument to ensure the universal access to health policies, which turns out to be a collision point between the government and the market.