Pharmaceuticals product liability in Brazil

Article type: Research Article

Authors: Peteffi da Silva, Rafael

Affiliations: Universidade Federal de Santa Catarina, Brazil | E-mail: rpeteffi@gmail.com

Correspondence: [*] Corresponding author: Universidade Federal de Santa Catarina, Brazi. E-mail: rpeteffi@gmail.com.

Abstract: This article will address the issue of pharmaceutical liability in Brazilian law. At first, the article will describe the general lines of product liability in Brazilian law, addressing the main requirements for victims’ compensation, as well as the main defenses that product suppliers can use. Subsequently, this article will show the specific characteristics of pharmaceutical liability, addressing mainly the specificities of inherently dangerous products. Finally, the most important and current jurisprudence on the subject will be commented

Keywords: Tort law, pharmaceutical liability, product liability, inherently dangerous products

DOI: 10.3233/PPL-180465

Journal: Pharmaceuticals Policy and Law, vol. 20, no. 1-4, pp. 75-87, 2018