A lei de acesso à informação como instrumento de fiscalização do interesse público em contratos de transferência de tecnologia: um estudo de caso da vacina para a dengue

Abstract

Dengue, the most common urban arboviral disease in the Americas, particularly in Brazil, has emerged as a febrile illness of significant public health relevance over the past few years. The increasing number of cases and sanitary needs have led Brazil to explore alternatives for the prevention, control, and treatment of this disease. In 2010, the Butantan Institute made efforts to develop what would be the first dengue vaccine in the world, in cooperation with the United States National Institutes of Health. The study phases took place in both Brazil and the United States, with the participation of the pharmaceutical company Merck, Sharp & Dohme. Currently, according to information presented by the Institute, the development of the vaccine is nearing completion. However, there is still limited information available about these relationships. In this context, the public disclosure of this data is relevant, as it serves as a tool to verify the observance of public and social interest in the legal relationship formed—a fact that is significant not only due to the public health needs in Brazil but also because of the effective participation of public law institutes in the production of the vaccine. It should also be noted that the right to information is a constitutionally guaranteed right and is regulated by its own instrument, such as the Access to Information Law (LAI). In this context, the present work sought to verify, based on the instruments guaranteed by the LAI, whether there are indications that the relationship between the Butantan Institute and the pharmaceutical company Merck Sharp and Dohme is being guided by public health needs. To pursue this goal, the chosen methodology was the exploratory Case Study, following the teachings of Robert Yin (2015). The theoretical framework is based on the distinction presented by Zenon Bankowski (2008) regarding the morality of aspiration and the morality of duty in legal norms. In general, it was observed that there is no compliance, on the part of the Butantan Institute and the state agencies of São Paulo, with the norms related to the right to information. Consequently, it is not possible to assess to what extent the current negotiations are considering the interests of the community.