Concentrated constitutionality control of normative regulation in health surveillance: admissibility of direct unconstitutionality action against Anvisa’s infralegal normative

Abstract

This study analyzes, from doctrine and judgments of the Supreme Court, whether the resolution of the collegiate board (RDC) of the National Health Surveillance Agency (Anvisa), as a federal infra-legal act arising from the exercise of regulation in sanitary surveillance, can be subject to concentrated control in direct action of unconstitutionality (ADI) in the light of the Federal Constitution of 1988. Preliminarily, we seek to demonstrate the relationship between the regulation on sanitary surveillance, while exercise of normative power, and the effectiveness of the state duty of protecting health. As we shall see, it has prevailed the orientation for the admissibility of direct action of unconstitutionality if the federal infralegal normative act is endowed with innovation or autonomy in relation to the law that granted the normative power, as well as abstraction, generality and impersonality, which therefore ensures the effectiveness of the principle of legality, the state duty of health protection and fundamental rights related to the regulation in sanitary surveillance.