ENTRE A SAÚDE E O MERCADO
A INOVAÇÃO REGULATÓRIA DAS FARMÁCIAS EM SUPERMERCADOS NO BRASIL
Abstract
This article analyzes the legislative proposal authorizing the installation of full-service pharmacies inside supermarkets in Brazil (Bill No. 2,158/2023) through a constitutional and regulatory–economic perspective. It examines the 1988 Brazilian Constitution, which enshrines both free enterprise and health protection as fundamental principles, highlighting the challenges of reconciling economic liberalization with public health safeguards. The study adopts an interdisciplinary approach, combining Constitutional, Administrative, and Economic Law with insights from health economics and retail management. It also develops a comparative analysis of international models — including the United States, the United Kingdom, Portugal, Chile, and Mexico — assessing different levels of market openness and sanitary control. The research concludes that the proposed Brazilian framework represents a form of responsive regulatory innovation, capable of expanding access to medicines and consumer convenience while preserving sanitary safety and strengthening the pharmaceutical profession. Its effectiveness, however, will depend on coordinated enforcement by Anvisa, local governments, CADE, and professional councils, as well as the adoption of technological mechanisms for monitoring and traceability. Ultimately, the article argues that this experience may position Brazil as a regional reference in smart regulation of the pharmaceutical retail sector.
Keywords: Health regulation; Free enterprise; Right to health; Supermarket pharmacies; Regulatory innovation; Public policy.