Home / Practice areas / Administrative and Regulatory Law / Popular Pharmacy Program (Farmácia Popular): Audits, Suspensions and Reimbursement
For pharmacies accredited in the Program
Popular Pharmacy Program (Farmácia Popular): Audits, Suspensions and Reimbursement
Review of the administrative proceeding, defense in the audit and court action for pharmacies facing a suspended connection, withheld payments or reimbursement claims.
The problem
A suspension is not a conviction, but it can last as long as one
Pharmacies accredited in Brazil’s Popular Pharmacy Program (Programa Farmácia Popular do Brasil) may have their connection to the system suspended and payments withheld during an audit. In many cases the measure drags on for years without a final decision, and the pharmacy loses revenue while it waits.
The Program’s rules were revised by Ministry of Health Ordinance GM/MS No. 12,091/2026, which distinguishes precautionary suspension from penalties and requires a regular procedure for reimbursement. We analyze each pharmacy’s proceeding in light of these rules and the procedural guarantees of federal administrative proceedings.
Situations we handle
Situations we handle
- Suspended connection to the Sales Authorization System
- Withheld or offset payments
- Audit notice with a deadline for defense
- Fine, warning or temporary suspension
- Termination of participation in the Program
- Claim for reimbursement of public funds
- Special accounts proceeding at the TCU arising from the audit
- Accreditation and renewal of participation
How we work
Stages of our work
Step 1
Survey of the proceeding
Notices, audit number, audited period and challenged transactions.
Step 2
Formal status
Determining the nature of the act: suspension, penalty or formally published cancellation.
Step 3
Administrative defense
Transaction-by-transaction defense, with documentary proof of dispensing.
Step 4
Court action
Writ of mandamus or specific action when the administrative route does not resolve the matter.
Frequently asked questions
Common questions
Is suspension of the connection the same as revocation of accreditation?
Not necessarily. Suspension, withholding of payments and termination of participation are different measures, each with its own requirements.
Does the pharmacy have to return the amounts indicated in the audit?
The duty to reimburse depends on a regular procedure, with the opportunity to respond and a final decision stating the facts, grounds and calculation criteria.
Do you represent pharmacies in other states?
Yes. The Program’s proceedings are federal and are handled electronically.
For general information only. Each case depends on a review of the documents and the stage of the proceeding.
Mastronardi Advocacia has no affiliation with the Ministry of Health or with Brazil’s Popular Pharmacy Program.
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Contact
Discuss your case with the firm
Send a brief description of the matter and, if applicable, the case or proceeding number.