Health Minister Marcelo Quiroga Official end of a public health emergency of national importance (ESPN) Covid-19 on Friday (22). The measure in no way formalizes the end of the pandemic, but it upsets a series of laws dealing with the health crisis.
Since the beginning of the pandemic, in 2020, the Civil House page has already added more than 660 model laws related to Covid-19, including laws, ordinances, ordinances and resolutions. Of that total, 94 are laws, many of which relate to the validity of ESPN.
According to the legislative councilor of the health district Flavio Palhano, one of the main rules that could be affected is the authorization for emergency use of vaccines, stipulated by a decision of the National Health Surveillance Agency (Anvisa). .
“Among the vaccines used in the country, most of the vaccines already have a definitive registration. This is the case with the Pfizer, Janssen and AstraZeneca vaccines. In the case of CoronaVac, there is only authorization for emergency use. If the state of emergency is officially lifted, this authorization may cease to be valid, but a situation that can be resolved illegally, perhaps by a new decision of the Anvisa”, he explained to Agência Senado.
The Ministry of Health has already said that it has asked Anvisa to extend the deadline for emergency use of Covid-19 medicines and vaccinations by one year after the end of the health crisis. The agency said the decision review process had already begun.
Other laws that indicate a state of emergency that could be affected by the end of Espin are those that prohibit the export of basic medical, hospital and hygiene products to fight the coronavirus epidemic in Brazil ( Law 13993, of 2020).
This coup was expected by the personal protective equipment (PPE) industries. To mitigate falling bills while keeping Corona virus under control.
Another law that falls is the law facilitating the purchase of vaccines against Covid-19 (Law 14.124, of 2021).
For Palhano, in practice, some laws may not experience significant impacts because they deal with situations that no longer exist today, such as the lack of registered vaccines.
This is the case of the law that allows Anvisa to authorize the import and distribution of drugs and equipment against Covid-19 that have already been issued for use abroad (Law 14.006, of 2020 ).
There are also cases of laws referring to already standardized practices, such as the use of telemedicine, which is authorized by Law No. 13989 of 2020.
“This is another case where it’s unlikely to have an impact at the end of the emergency because this telemedicine care system has already been put in place,” he says.
He also cited Law 14125 of 2021, which allows states, federal districts and municipalities to assume civil liability for adverse reactions after vaccination.
This authorization was a requirement of manufacturers such as Pfizer and Janssen. According to the consultant, the practical effect of Espen’s expiration on this law is that there may be legal challenges against the manufacturer, rather than against the government.
Another concern about the end of the state of emergency relates to state and municipal regulations related to the pandemic. According to the adviser, it is very difficult to measure the effects on federal agencies because there are many laws and decrees issued according to the health emergency, which must be modified and updated. The end of the emergency could affect local public policies.
On Tuesday (19), the National Council of Health Secretaries (KUNAS) and the National Council of Municipal Health Secretaries (CNHS) sent a letter to the Ministry of Health expressing concern over the sudden end of the emergency .
In the document, the entities asked the ministry to keep the law in place for another 90 (ninety) days and to put in place “agreed transitional measures focused on the mobilization for vaccination and the development of a recovery plan capable of identifying indicators and control strategies”. with integrated monitoring of respiratory syndromes”.