DA AUSÊNCIA DE DIVULGAÇÃO OSTENSIVA DO B24 RISCO DO PARACETAMOL E DA RESPONSABILIDADE CIVIL

Abstract

The research presents a critical analysis on the absence of ostensive spreading of the potential risk of what is submitted to the Pharmacy consumer based on paracetamol and the legal consequences caused in the in the area of civil responsibility to the different segments, departments and medical and pharmaceutical professional areas. For this identification a brief analysis on paracetamol drug and its hepatotoxicity were done. In wide context, the approach to the need of uniting and furnishing of the information to the consumer, by written means of audiovisual means, specially directed to the final consumer. In a concomitant way, the analyzing with thematic is dealt with by the European Union and the adapted conducts by means of the legislation with the will to provide security and minimize the risks occurred from the use of the medication being studied. In the way, Brazil wide, the deficiency of information in the commercializing of the paracetamol in blister is pointed out by the fact of not furnishing the consumers, in an ostensive way, enough orientation on the risk caused by the product. A Critical analysis of the RDC #47/Anvisa/09 and the RDC #071/Anvisa/2009 resolutions were accomplished , before the art. 9th of the Law #8,078/90 that got the Consumer Defense Code CDC. In a legal approach, the extension of consequences of the conduct omission to the risk and paracetamol hepatotoxicity in relation to industry, commerce, health professional, dentist surgeon, and pharmaceutics, through a national legislation approach. The current research has intends to subsidies the ones who deal with the paracetamol and its consumers, on the respect of the furnishing duty and precise information gotten as to the risk of the product, in an ostensive way, assuring the human health and effectively of the regulations of the security principal. It is expected, therefore, that the State adopts by means of specific regulations, means of controlling the use of the acetaminophen, such as it occurs in Europe or in the USA, by educating intervention, forcing the industry and commerce of the pharmaceutical area to unite condition equality, in the advertisement of the product being studied, clearly waning the ostensive on the risk, as well as providing on the primary and secondary packaging of the paracetamol, in high and bold letters, warning such as: AFTER THE CONSUMPTION OF ALCOHOL THERE IS RISK OF FULMINANT HEPATITIS, making it a requirement to offer the written warnings, in sufficient quantity, even when the medicine is sold in blister form.