Post by messi23 on Mar 12, 2024 19:55:19 GMT -8
Imported merchandise must not be detained by customs inspection if it serves as health treatment for someone, even if the product lacks approval from the National Health Surveillance Agency (Anvisa). With this understanding, the 6th Panel of the Federal Regional Court of the 3rd Region (SP and MS) authorized the import of an orthopedic knee prosthesis, received from abroad as a donation, for a physically disabled Brazilian who had his left leg amputated as a result of a automobile accident. The case's rapporteur, federal judge Consuelo Yoshida, highlighted that the existence of the author's interest and the relevance of the case is evident, since as he is physically disabled he depends on the correct functioning of the personalized prosthesis to carry out basic mobility activities.
This is, therefore, the defense of fundamental Germany Phone Number rights to health and freedom of movement, constitutionally guaranteed to the author, to the detriment of the requirement for tax formalities which, although relevant, must be assessed specifically, given the exceptionality of the specific case”, he declared. In the decision, the judge highlighted that, despite Anvisa's lack of consent, the product is for strictly personal use, tailor-made, and does not affect the community. She added that the object cannot be compared with medication or a substance without regulation on the domestic market that could cause possible harm and risks to the population.
She also stated that there is no evidence of any loss to the treasury. “In compliance with the constitutional and legal precepts that guarantee the author's right, as well as the principle of reasonableness and compliance with the Union's duty, to ensure people with disabilities the full exercise of their basic rights that provide their personal, social and economic well-being, strictly dismissing the defendant's appeal”, summarized the federal judge. Treatment abroad After the accident, the plaintiff underwent treatment in Canada, where he received a donation of the prosthesis, which would enable him to carry out normal day-to-day activities, including playing sports.
This is, therefore, the defense of fundamental Germany Phone Number rights to health and freedom of movement, constitutionally guaranteed to the author, to the detriment of the requirement for tax formalities which, although relevant, must be assessed specifically, given the exceptionality of the specific case”, he declared. In the decision, the judge highlighted that, despite Anvisa's lack of consent, the product is for strictly personal use, tailor-made, and does not affect the community. She added that the object cannot be compared with medication or a substance without regulation on the domestic market that could cause possible harm and risks to the population.
She also stated that there is no evidence of any loss to the treasury. “In compliance with the constitutional and legal precepts that guarantee the author's right, as well as the principle of reasonableness and compliance with the Union's duty, to ensure people with disabilities the full exercise of their basic rights that provide their personal, social and economic well-being, strictly dismissing the defendant's appeal”, summarized the federal judge. Treatment abroad After the accident, the plaintiff underwent treatment in Canada, where he received a donation of the prosthesis, which would enable him to carry out normal day-to-day activities, including playing sports.
