The TRF-1 (Federal Regional Court of the 1st Region) has accepted the appeal of and suspended the effects of resolution of the Federal Pharmacy Council that hormonal contraceptives.
The decision, by federal judge Jamil Rosa de Jesus Oliveira, was issued on Tuesday (8) in response to the appeal of the CFM against the decision of the 21st Federal Civil Court of the Judicial Section of the Federal District, which denied an injunction of the Medical Council to suspend the rule of June 2024.
The CFM asked the impossibility to be impossible for pharmacists to prescribe hormonal contraceptives, to avoid the “performing medical acts by an disqualified professional and greater damage to the health of the population.”
In the appeal, the Council of Medicine states that the CFF resolution expands the legal competence of pharmacists, “without any support by law, contrary to the position of the”, and argues that the prescription of hormonal contraceptives is an act of private competence of physician.
In the decision, the judge says that, although the prescription of hormonal contraceptive does not fit, in itself, in the physician’s private activities, its execution relates directly to the diagnosis, which can only be done by a legal professional by express legal provision, “not having the pharmacist technical, professional and legal competence for this procedure.”
Oliveira also cites studies that point to risks arising from the indiscriminate use of oral contraceptives and the triggering of diseases such as increased pressure and development of glaucoma, among others.
The judge also cites the decree of 1931 that regulates the profession of pharmacist in Brazil and that determines the prohibition that sell contraceptive medicines.
“Thus, it is not up to the pharmacist to diagnose and prescribe the proper treatment for the patient who needs hormonal contraceptive, which is a private assignment conferred to the medical professional, by express legal determination,” writes the judge.
“I do not see, thus, the possibility of widening the field of action of pharmaceutical professionals, who have attributions and competences previously defined by law.”
Sought by the panel, the CFF did not respond.
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