(English) The Health Sector in Brazil now Open to Foreign Investors
[:en]One of the latest economic sectors in Brazil that remained closed to foreign capital has just opened. After telecommunications, electricity, oil and ports, the health sector in Brazil is now open to foreign capital.
The Brazilian Federal Constitution prohibits direct or indirect participation of companies or foreign capitals in activities related to health assistance, except as provided by law. Some scattered laws allowed foreign capital in some health-related activities, including private insurances (plano de saúde).
The framework law on the health sector in Brazil – law n° 8.080 from September 19th, 1990, on the Unique Health System – SUS, retook the prohibition established by the Federal Constitution, authorizing, in turn, only donations from international organizations linked to the UN, technical cooperation entities, financings and loans.
On January 20th, 2015, the law n° 13.097 modified, among other laws, the law on the Unique Health System mentioned above, allowing foreign investments – including takeovers – in the Brazilian health sector in several areas, such as hospitals, clinics, etc.
The lifting of this ban is important for the development of this particular economic area in Brazil and represents an interesting opportunity for foreign investors.
The team of Chenut Oliveira Santiago law firm is at your disposal for any further clarification on this topic.