Parcerias para o desenvolvimento produtivo em medicamentos e a Lei de Licitações

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The Federal Statute on Bibbing and Government Contracts in Brazil (Federal Statute n. 8.666, of 1993) has been amended to contemplate the possibility for the federal government to constitute directly, without a bidding process, strategic partnerships between the national public and private productive sectors, based on Federal Statute n. 10.973, of 2004, aiming at the development of the national industry and the improvement of the country’s technological autonomy. Such possibility is now contemplated at sections XXV, XXXI and XXXII of article 24 of Federal Law n. 8.666/1993. A type of strategic partnership which can be constituted directly, in these terms, is the public-private partnership for the development of medicines (PDP), named as such by the Portaria n. 837, of 2012, of the Ministry of Health. PDPs have been used as instruments for stimulating the national public and private sectors of the healthcare industry, notably in the production of strategic medicines for the national healthcare system (SUS). This also explains why PDPs have been also known as “PDPs for medicines”. The present study aims at contributing for the understanding of this legislative movement towards the disregard of the bidding process as a mode of constituting PDPs. It explains the movement as another signal of the growing incompatibilities between the Federal Statute n. 8.666/1993 and the new era of partnerships inaugurated in Brazil in the 90’s. It also alerts to the risks involved in the emerging discourse in defense of biddings for PDPs, which reveals, in fact, a disenchantment by non national companies with the current policies on medicines and innovation. These policies, however, are the product of a long and mature historical process and are based on the Constitution and laws of the country.

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