Presidente do Tribunal Regional Federal de Brasília mantém a decisão contra a certidão de regularidade técnica

Da Redação
“O presidente do Tribunal Regional Federal da 1º Região, desembargador Mário César Ribeiro, não reconheceu as razões apresentadas pelo Conselho Federal de Farmácia (CFF) para suspender a decisão que desobriga as farmácias e drogarias associadas à ABCFARMA e aos 25 sindicatos e associações de possuírem a certidão de regularidade técnica.

A decisão não considerou que a falta do documento representa uma lesão à saúde pública, como alegava o CFF. As farmácias e drogarias estão desobrigadas de possuírem o documento desde o dia 18 de março, diante da decisão que afastou a aplicação da Res. 579/13, norma administrativa que sustentava a certidão. Nossa orientação às empresas é no sentido de manterem a cópia da decisão nos estabelecimentos e anexá-la nos processos administrativos de licenças e alvarás que eventualmente exijam essa certidão.

As vigilâncias ou órgão públicos de fiscalização em geral não poderão autuar as empresas pela falta dessa certidão, pois as normas administrativas editadas por esses órgãos apenas citam o documento, sem conter disposições sobre sua existência, que foram afastadas pela decisão da 5ª Vara Cível da Justiça Federal.

Portanto, até que haja outra decisão restabelecendo o contrário, a Certidão de Regularidade Técnica deixou de existir e sua exigência é ilegal para todos os associados da ABCFARMA e das 25 entidades que figuraram na ação. Outras medidas serão propostas para que, definitivamente, as farmácias e drogarias deixem de ser lesadas com cobranças de taxas não previstas em lei.”
Decisão do TRF

Confira a lista das entidades que participaram da ação, clicando aqui!!!



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