Coordenação regulatória: uma análise do conflito de competências entre INPI e ANVISA
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Data
2018-08
Orientador(res)
Jordão, Eduardo
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This article is the result of a doctrinal study regarding the regulatory coordination between agents that share the same regulatory space, being assigned different fragments of competence within this larger space. The doctrine points out different origins for the phenomenon of regulatory overlap and two possible effects arising from the interaction between the organs, notably: the production of systemic benefits in the elaboration and conduction of policies, or losses in terms of effectiveness, efficiency and accountability. The objective of this study is to illustrate and analyze, based on the concrete conflict of competence between ANVISA and INPI in the process of evaluating and granting pharmaceutical patents, the doctrinal concepts gathered, referring to the types of regulatory overlap, possible beneficial and negative effects of the interaction between agencies and formal coordination mechanisms available for articulation between entities. Thus, the central argument also identified in part of the doctrine, which is sought here, is that the establishment of a Public Administration with a managerial nature, which allows the optimal use of the resources available and specialties of each of the organs that compose it in the realization of the interest, can depend on or benefit from formal coordination mechanisms and tools. With this aim, the discussion about the evolution of coordination mechanisms proposed and instituted to inform the interaction between INPI and ANVISA, after more than a decade of conflicts and consequent damages to the goals of promoting public health, technological development and innovation and to the economy