Poder regulador do Estado: análise jurídica da intervenção da ANVISA no setor alimentício.

Abstract

The Brazilian Economic Order proclaims the noteworthy company social function as a driver of economic activity. However, it is opposed by the State's regulatory activity through ANVISA, which plays an important role in promoting public policies, such as health, and thus limits and conditions the pursuit of enterprises in the food sector. Therefore, it is essential to verify the extent to which State interference in the economic domain is prudent, either from the perspective of economic agents or from the perspective of the Government. Thus, this work aims to analyze the impact of state regulation through ANVISA on the Brazilian Economic Order, especially in the food sector, with a view to the principle of free initiative. To this end, the deductive method is used as a method of approach, starting from the legal premises of the Economic Order and the Regulatory Power to reach their understanding in the food sector. As a method of procedure, we have the historical-evolutionary method, by which we study the dispositions of the informing principles of the Brazilian Economic Order throughout the Brazilian Constitutions. As for research techniques, bibliographic research is used, using legal texts, doctrines, scientific articles and other appropriate resources for the preparation of the present work, and documentary research, performed by examining the data presented in the case studies analyzed. It has been that, the protagonism of the economic activity has always been played by the private initiative. On the other hand, the State Regulatory Power exercised by ANVISA is of paramount importance for the maintenance of public health. This leads to the following problem: is the ANVISA Regulatory Power a mechanism of affront to the principle of free initiative in the food sector? It is understood that no, because, although there is the leading role of private initiative in economic activity, the Government enjoys the prerogative of protecting public interests such as health. Thus justifying the thematic posed, given that, based on the specific cases analyzed, in relation to the application of health standards, it appears that, in most cases, there was no adequacy by the companies. It is necessary that the Regulatory Power be exercised for the purpose of correcting and not just punishing, since there is a factual impossibility of unrestricted applicability of the rules.