Sequência: Estudos Juridicos e Politicos (Nov 2023)

Science and technology as fundamental rights: an analysis in times of the Covid-19 pandemic

  • Daniel Francisco Nagao Menezes,
  • Clodoaldo Silva da Anunciação,
  • Rodolfo Martinez Gutierrez

DOI
https://doi.org/10.5007/2177-7055.2023.e93574
Journal volume & issue
Vol. 44, no. 94

Abstract

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Covid-19 pandemic has put humanity in check, forcing the entire world to implement social distancing and isolation measures, affecting the planet's economy and public health. Big pharma financed, on many occasions, with public money, got involved in a runaway race to get a vaccine that could return the planet to the long-awaited normality, leaving their coffers full in the process. This paper analyzes the consequences of preventing the release of the patent for this vaccine in relation to the human right to use advances in science and technology. Using a qualitative methodology, with a descriptive scope, based on the bibliographical review, the contrast that occurs between the rights of peoples to receive the vaccine against Covid-19, as part of the right to to the use of advances in science and technology as a third generation human right, and the interests of large pharmaceutical companies and private business conglomerates, in the light of Law, ethics and public health, discerning on a controversial issue that has humanity in suspense. Concluded that what is at stake goes beyond economic interests, since those who own and maintain ownership of patents will have an advantage in terms of geopolitics and, incidentally, greater control over biopolitics.

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