Análise do controle político do Legislativo sobre a produção normativa da Agência Nacional de Vigilância Sanitária

Abstract

This dissertation study deals with a critical analysis of the political control exercised by the Legislative Branch over the National Health Surveillance Agency (ANVISA), with the aim of elucidating the nuances and dynamics underlying this institutional interaction. The central focus of the research lies in understanding the nature and frequency of legislative interventions in ANVISA's regulatory sphere, a topic of undeniable relevance to the intertwining of regulatory law, public health and governance. The research adopts a pluralist methodology, integrating the theoretical approach of the Neo-Marxist Theory of the State and Historical Neo-institutionalism, in order to offer a critical and multifaceted reading of the role of the state and institutions in the contemporary context. This methodological choice is justified by the need to understand the power structures and socio-economic dynamics that influence the formulation of public policies. In addition, the research employs a combination of qualitative and quantitative methods, prioritizing bibliographic surveys and documentary analysis, complemented by a detailed content analysis of the relevant normative acts and legislative interactions. The results obtained reveal a complexity in the political control strategies implemented by the legislature, showing greater discretion on the part of ANVISA in areas such as cosmetics, pharmacopoeia and analytical laboratories, in contrast to more intense intervention in areas such as food, health services, internal management and medicines. Notably, the research identifies a predominance of legislative authorship in control actions attributed to specific political parties, such as the PT, PMDB and PSDB, and a significant increase in legislative interference through Legislative Decree Bills, especially in ANVISA-regulated issues affecting agribusiness. In addition, the study points to a correlation between parliamentarians in favor of making pesticide use more flexible and receiving campaign funding from agribusiness companies, a finding that raises questions about the economic influence on regulatory decisions. Furthermore, it was observed that the judiciary often assumes an arbitrary role, tending to favor ANVISA's discretion and autonomy in its decisions. In summary, this study concludes that the interaction between the legislature and ANVISA is characterized by a complex web of political, economic and social influences, mediated by institutions that play crucial roles in shaping public health policies. The dynamics of political control reveal not only the dispute for power and influence, but also reflect the tensions and challenges inherent to regulatory governance in a democratic context