Agência Nacional de Vigilância Sanitária – ANVISA: uma análise acerca do poder normativo em contraposição à Lei Federal no caso das substâncias anorexígenas

Abstract

Agência Nacional de Vigilância Sanitária – ANVISA and its performance analysis regarding inspection and control of products which causes danger to collective health. The objective is to investigate the evolution of the right to health until its promotion to the fundamental right, to analyze the normative power of ANVISA, the efficacy and safety of the anorexigenic substances in relation to obesity, as well as the constitutionality of Bill nº 2,431 / 2011 and Law nº 13,454 / 2017. It has been broached about the health fundamental right inscribed in article 6 and 196 to 200 of Brazilian Federal Constitution. It has been handled the health right guarantee evolution until its upsurge to fundamental right, as well as it is broached the SUS – Sistema Único de Saúde, the mentioned fundamental right main assurance tool. It has been analyzed sanitary regulation legislation dispensing special importance for Agência Nacional de Vigilância Sanitária – ANVISA constitution, attributions and duties. It is expatiated the anorexiant substances regarding its characteristics, aims, colateral effects and presente legislation. It is examined the Bill nº 2.431/2011, exploring its historical, justification and main occurences until Law nº 13.454/2017 sanction. Finally, it is analyzed the cited norms constitutionality considering arguments for and against the Law nº 13.454/2017 constitutionality. For this purpose, the methodology used is bibliographic review and norms and legislation study.