Doenças negligenciadas e patentes de fármacos: uma análise da garantia ao direito à saúde através do novo paradigma colaborativo

Abstract

This paper intents to analyse the problem of the lack of production of new research and medicines for neglected diseases. Neglected diseases are considered here as those diseases affecting part of the world's poorest, not getting adequate confrontation by the State and the pharmaceutical industry for the production of new research and drugs. In this context, the World Health Organization proposed to overcome the lack of research and development of new drugs for neglected diseases, beyond tax incentives and public and private funding of new drugs production process, strengthening the rights of intellectual property. The problem is strengthening the intellectual property system does not necessarily mean greater flow of innovation. In these terms, the objective of this work is to demonstrate that the guarantee of the right to health of the population suffering from neglected diseases is not only to changes in the intellectual property system. As these diseases are characterized by generating social exclusion and treatment through archaic, painful and inhumane drugs, the lack of research and medicines for such diseases is strongly related to the failure to recognize as human beings these people suffering from this evil. Thus, through a scientific methodology of content analysis, this paper aims to analyse, critically, new collaborative and cooperative mechanisms created from the perceived of the necessity to change an unfair social exclusion to overcome the problem of lack of research and production drugs for neglected diseases.