Analysis of the classification of infractions and administrative sanctions in comparative pharmaceutical legislation in Peru - Latin America

Abstract

This article analyzes the classification of infractions and administrative sanctions according to Law No. 29459 that establishes the regulation of pharmaceutical products, medical devices and health products in Peru, comparing it with different regulations in Latin America, although not all countries are considered, if the sufficient to demonstrate the coincidences and legal distinctions on the problem, so it is compared with the drug law of Paraguay, Nicaragua, El Salvador, Panama and Venezuela, in order to demonstrate if the principles of legality and typicity contained in Art. 2, numeral 24), section d) of our Magna Carta of 1993. Qualitative, observational research was applied. As a result, it is obtained that Law No. 29459 of Peru transgresses said principles, because it does not define the infringing conducts, it does not classify them according to their seriousness, it does not link the infringing conducts with the sanction, nor does it establish the maximum and minimum fines, delegating such actions to regulations with a high margin of discretion of the public entity translated into arbitrariness unlike several Latin American countries, for which it is proposed to incorporate in Law No. 29459 the classification of infractions, their qualification and graduation of sanctions.