BRAZIL Law and Practice Contributed by: Ana Paula Affonso Brito and Maria Eduarda de O Borrelli Junqueira, Montaury Pimenta, Machado & Vieira de Mello
10. Settlement/Antitrust 10.1 Considerations and Scrutiny
Examples in the life sciences sector: • claims related to the harmful side effects of drugs or medical devices; • actions against healthcare providers for neg - ligence or failure to provide appropriate care; and • cases involving misleading advertising of health products or treatments. Group Claims in Life Sciences Legal Actions Group claims are also possible in Brazilian life sciences legal actions, typically when a group of individuals with similar legal interests are affect - ed by the same or related issues. Under the Consumer Protection Code (Law No 8,078/1990), collective actions can be filed by consumer protection organisations, public enti - ties, or other representative bodies, particularly in cases where large groups of consumers or patients are harmed by defective products or services. In the life sciences field, group claims could involve: • patients who are harmed by unsafe or defec - tive drugs or medical devices; • large groups of consumers affected by misleading health claims or illegal marketing practices in the healthcare sector; or • actions to protect the right to access health - care services or medications that may be limited by discriminatory practices or failures by healthcare providers. Specific Life Sciences-Related Laws and Protections The Consumer Protection Code (Law No 8,078/1990) plays a significant role in group claims related to life sciences, as it ensures
Settlements are available and are used by the parties in both judicial and ADR options, espe - cially in cases where the trial is slow and/or the costs of litigating are high.
11. Collective Redress 11.1 Group Claims
Both collective redress and group claims are available in Brazil for life sciences-related actions. They are mostly used in cases involv - ing consumer protection, public health issues, defective medical products, or environmental harm caused by the life sciences industry. The Brazilian legal system allows for these collective legal actions to be pursued by public entities, consumer organisations and other representa - tives to protect the rights of affected individuals or groups. Collective Redress in Life Sciences Legal Actions In Brazil, public civil actions are a key tool for collective redress and can be used in life sci - ences cases. For example, public health-related lawsuits, such as those involving defective medi - cal products, dangerous pharmaceuticals, or environmental harm caused by the pharmaceu - tical or biotechnology industries, can be pursued under this legal framework. These actions can be initiated by public enti - ties like the public prosecutor’s office, regulatory agencies (eg, Anvisa), or accredited civil society organisations. Public civil actions aim to protect collective rights, such as consumer rights, public health, or the environment.
39
CHAMBERS.COM
Powered by FlippingBook