The Brazilian Office of the District Attorney (AGU) has shown in court that the National Health Surveillance Agency (ANVISA) can not be obligated to demand from manufacturers and merchants, the inclusion of information about the presence of allergens on labels and packaging of domestic or imported products.
The Federal Attorney in the state of Sergipe (PF/IF) and Federal Prosecutor with the Agency (PF / ANVISA) appealed to the Federal Court of the 5th Region (TRF5) to overturn the lower court decision. The units of the AGU argued that compliance with the decision within 90 days would be unworkable and that the sentence had effects with national repercussions.
The AGU also pointed out that in such cases it is necessary to analyze the convenience and opportunity of Public Administration to defer to some extent within the legal limits on the use of its administrative discretion and the normative power of regulatory agencies. The court also noted that Justice improperly replaced the Public Administration, to format the content of public health policy itself, invading the powers of the Executive Branch.
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The TRF5 agreed with defense attorneys and reversed the decision highlighting that the application of the MPF tried to question the quality of rules issued by the municipality. “Determine that requirement to be coercively enforced, without putting in some time, the legality of the action of ANVISA under suspicion, just putting into question the effectiveness of the method adopted to ensure the health safety standards, could set undue intrusion of the state-judge harvest in Public Administration “, the judge cites the decision.
Source: Attorney General of the Union.