Amazon Court judges constitutional convenience trade in pharmaciesThe decision was unanimous, in session Tuesday (18).
The Plenum of the Amazon Court (TJAM) dismissed the direct action of unconstitutionality No. 0003434-63.2010.8.04.0000, where prosecutors Amazonas State (MPE-AM) questioned the legality of Article 1 of the State Law enacted No. 63/2009, which regulates trade in convenience goods in pharmacies.
As Article 1 of the Law are considered convenience items for dietetic products, diabetic, orthopedic, food supplementation, personal hygiene, to diet and enteral nutrition, cosmetics, powdered milk, and elastic compression stockings, mineral water and processed juices, milk drinks, breakfast cereals, mel, reply, sweets and bars and cereals, chocolates and chocolate drinks, ice cream and popsicles, batteries and accessories for baby.
The decision was unanimous, in session Tuesday (18), as the vote of the rapporteur, chief judge Mary of Perpetual Help Moura Guedes.
According to the process, the MP argued that the text would be unconstitutional, by invading the competence of the Union and contrary to the Federal Law No. 5.991/73, that "provides for the sanitary control of the drug trade, medicines, pharmaceutical ingredients and related, and other provisions ".
According to the rapporteur, previous decisions of the Supreme Court (STF) previous open to consider this constitutional law. similar case was examined by the Supreme, na ADI 4093 / SP, which ruled constitutional law of the State of São Paulo.
"Turns out it unreasonable to draw the order for drugs, drugs and pharmaceutical raw materials are traded only in pharmacies and drugstores an implicit prohibition on the sale of any other products ", said the chief judge in his vote.