HLL obtains in the Federal Court the release of medicaments to fight the pandemic

Homero Leonardo Lopes Advogados obtained in Federal Court, the release of drugs used to combat the pandemic

HLL Advogados obtained in Federal Court, in an unprecedented case, the release of drugs used to combat the pandemic Covid-19 at Anvisa.

The importer of medicines bought from India inputs that would be used in the fight against the pandemic in Brazil. However, in November 2021, at a meeting of Anvisa’s Board of Directors, it was decided not to renew the Resolution RDC No. 483/2021, which dispensed with the need for prior authorization for the importation of these drugs on an emergency basis, a fact that surprised the importing company and simply prevented it from fulfilling its obligations to its customers in the domestic market.

The customs team from HLL Advogados filed a writ of mandamus with a request for a preliminary injunction, so that the health authorities refrain from preventing the entry of these drugs into the country, and to adopt the rules set forth in Resolution RDC No. 483/2021, waiving the need for prior authorization for the shipment of these drugs.

The Federal Court of the First Region, in face of the case presented by the customs team of HLL Advogados, granted the injunction, determining Anvisa to consider “the date of purchase and shipment of the drug, since the company, at the time, had already been authorized to import (based on “RDC nº 483/2021″) and that this previous authorization could not be disregarded at the date of registration of the import process, and should, for these reasons, refrain from practicing any conduct tending to condition and impede the continuation of the import customs clearance, its consequent conclusion and release of the goods”.

This was the first action of its kind in the country. There is an estimated incalculable loss of Covid-19 products that are being prevented from being nationalized and used due to the non-extension of the norm, decided on November 13, 2021.

The company in this case is one of the largest importers of medical-hospital and veterinary supplies in Brazil, with 15 years of operation.

HLL Advogados had a team formed by partners Fernando Pieri (pictured left) and Daniela Lacerda (pictured right) and associate Leandro Santos, in Belo Horizonte.