The Federal Court in Brasilia (TRF-1) suspended, on Monday (31), the . The decision meets an action filed by the Federal Council of Medicine (CFM).
Federal Judge Alaôr Piacini considered that the CFF resolution Extrapolates the attributions of pharmacistsinvading the private activities of doctors, according to the Medical Act Law (Law 12.842/2013).
The judicial decision highlights that the Pharmacy counter It is not the proper place to perform diagnosticsactivity for which pharmacists do not have the technical, professional and legal competence.
Judge Piacini stressed that the prescription drugs It is a private act of the doctor, based on nosological diagnosisprocess that determines the nature of the disease.
Justice questions technical competence of pharmacists for diagnoses
The magistrate argued that only doctors have the competence to diagnose disease and prescribe the therapeutic treatment corresponding. The decision emphasizes that the inappropriate prescription can cause irreversible damage to the health of the population.
CFF Resolution (Resolution 5/2025) authorized pharmacists to prescribe medications, including those of sale under prescription, renew prescriptions and prescribe in situations of risk of imminent death. The judge determined that the CFF gives wide advertising to the court decision, under penalty of a daily fine.
In a statement, the CFM celebrated the decision, considering a victory for Brazilian society. The council argued that pharmacists do not have the technical preparation necessary to identify diseases and define treatments.
CFF has announced that will appeal the decision and reaffirmed the struggle for pharmaceutical prescriptionarguing that there is already state and municipal legislation that recognizes it. The council also highlighted the performance of pharmacists in public health programs, such as prescription drugs for HIV prophylaxis and tuberculosis.
