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All the ministers of the STF (Supreme Federal Court) voted in favor of maintaining the judicial order of Minister Ricardo Lewandowski, which allows states and municipalities to buy international vaccines even though the immunizers have not yet been registered in Anvisa (National Health Surveillance Agency ).
Lewandowski’s preliminary injunction was issued in December. In the understanding of the minister, the states and municipalities can import and distribute vaccines if Anvisa does not approve, within 72 hours after requesting the laboratories responsible for the drugs. The minister emphasizes in his decision that this applies to “immunizers that have been registered (approved for use on a large scale) with recognized health organizations.”
At the beginning of last year, Congress approved a law that established a 72-hour period for Anvisa to comment on the use of vaccines that were registered with health regulatory agencies such as the United States, Europe, Japan and China.
Today the plenary session of the Chamber of Deputies approved an MP (Provisional Measure) that facilitates the purchase of vaccines and supplies against covid-19. The text provides for the exemption of tenders for the purchase of products for vaccination, even before the sanitary registration or temporary authorization for emergency use by Anvisa, and for logistics, information technology and communication contracts to help in immunization. The bill is now on its way to be scrutinized by the Senate.
Also today, Anvisa approved the registration of the first vaccine in the country, by Pfizer, but the federal government is negotiating the purchase of the immunizer attached since last year and has no dose to apply.
In the precautionary measure, the minister had considered that states and municipalities can import and distribute immunizers “in case of non-compliance with the National Vaccination Operationalization Plan against covid-19, recently made public by the Union, or in case they do not it provides a timely and sufficient coverage of the immune system against the disease ”.
The minister’s decision responds to two questions posed to the court: one sent by the Brazilian Bar Association (OAB) and the other by the state of Maranhão. The process is in virtual test and each minister could express his decision until 23:59 today.
Early in the afternoon today, the court had formed a majority in favor of the rapporteur’s understanding, with the ministers Edson Fachin, Alexandre de Moraes, Marco Aurélio, Gilmar Mendes, Dias Toffoli and Cármen Lúcia. Ministers Nunes Marques, Luís Roberto Barroso, Rosa Weber and Luiz Fux voted this afternoon and also followed the rapporteur’s understanding.
The rapporteur considered that the pandemic killed hundreds of thousands of people in the country and revealed “the weaknesses and virtues of our form of governance”, especially in the public system responsible for guaranteeing the fundamental rights to life and health.
“It is in this context, amplified by the magnitude of the pandemic resulting from Covid-19, that a strongly proactive action by public agents at all levels of government is required, more than ever, especially through the implementation of programs. universal vaccination. “Lewandowski wrote in his vote.
Lewandowski had considered, in the preliminary court order, that the command of the Ministry of Health on the National Immunization Plan does not exclude the powers of the states and municipalities to adapt vaccination to local realities.
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