Nanotechnology and medicines: the need for a brazilian legal regulation for the protection of the fundamental right to health

Abstract

The research analyzes the nanotechnology applied in the manufacture of medicines, some of them already sold in the Brazilian market, highlighting the fact that there is no regulatory framework that assists the National Health Surveillance Agency in identifying the efficacy and safety of these drugs, a situation that can contribute to consumption with a potential degree of toxicity resulting from the interactions between nanomaterials and biological systems. Thus, the problem lies in discussing whether the lack of a specific normative regulation concerning nanotechnology, especially nanomedicines, violates the right to health. To this end, the study uses an exploratory methodology, qualitative analysis, and the bibliographical research technique, concluding that the regulation of nanomedicines requires brevity so that their use is safe and effective, protecting the citizen's fundamental right to health.