NEGLECTED HANSEN’S DISEASE:

AN ANALYSIS OF ACCESS TO AND PRODUCTION OF MEDICINES AND ITS INTERRELATION WITH THE CURRENT PATENT SYSTEM

Abstract

This article analyzes the neglected disease leprosy from the perspective of access to medicines and pharmaceutical production, in light of the current patent system. The research adopts the deductive method of approach, starting from constitutional principles, international treaties, and general concepts in order to understand the existing patent system and its relationship with the right to and access to health.

Regarding the method of procedure, the study employs a monographic approach, as it specifically focuses on the neglected disease leprosy. The research technique used is bibliographical, based on legislation, reports from the Ministry of Health, official WHO documents, and specialized scientific literature. It seeks to answer the following question: to what extent does the legal framework of intellectual property, structured by Law No. 9,279/1996 and by Brazil’s international commitments, such as the TRIPS Agreement, influence the availability of therapies and the country’s technological autonomy with regard to the neglected disease leprosy?

Although curable, leprosy remains a serious public health problem, particularly due to dependence on imported inputs and the low level of innovation in diseases that generate limited financial return. The constitutional, legislative, and jurisprudential analysis demonstrates that the patent system, by prioritizing private interests, moves away from its social function, thereby compromising the fundamental right to health. It is concluded that the effective implementation of TRIPS flexibilities, combined with national research and production, is essential to promote innovation and equity in addressing leprosy.