A responsabilidade pelo risco do desenvolvimento face ao consumo de medicamentos contra o câncer em fase de testes

Abstract

The objective of the present study is to analyze the liability of drug suppliers who are still in the testing phase voluntarily applied to patients diagnosed with cancer, specifically in relation to the "cancer pill". The influence of scientific and technological development on contemporary society is relevant in that it shapes the way of life based on the new techniques introduced in the market, on the grounds of improving the quality of human existence. In this sense, the discussion is based on Aldous Huxley (1979), "Brave new world", since technological development, while bringing great benefits, also entails some adversities, which must be discussed, so that their risks do not fall on specific individuals, considering their situation of vulnerability and, to a certain extent, are passed on to all society. In this context, as a result of the development of new techniques, defects arise in products that were not known to suppliers at the time they were placed on the consumer market, only manifesting themselves later, these defects are called development risks. Factors such as Sérgio Cavalieri Filho (2012) and Antônio Herman de Vasconcelos Benjamin (1991), who position themselves for the responsibility of suppliers for such risks, were discussed. However, the problem to be questioned in the research was to discuss whether there would be responsibility of the supplier in cases where the product has not yet been fully tested, considering the technical and scientific knowledge available at the time of its entry into the market. To that end, the Heideggerian phenomenological methodology was used to reach the conclusion, based on the foundations of the ministers of the Federal Supreme Court in the case of the cancer pill, that, considering the Western world perspective, , the availability of anti-cancer drugs still in the testing phase, with a view to breaching the duty to ensure the life and health of consumers, and the lack of ethics of certain companies to make such products available, of the elaboration of laws and intervention of the judiciary to safeguard the human life.