Abstract
Objective: To analyze the criminal responsibility of the pharmaceutical professional on the basis of the supply of medicinal substance in disagreement with medical prescription. Methods: Bibliographic review of the available literature on the subject, using constant data from indexed databases such as, University Virtual Library, University of Cambridge, E-evolution library, Lectio research database, My Library digital platform, Ebsco Host research database, Euromonitor International research, MedicinaNet article platform, Capes Journal Portal, Online Courts Magazine, Sage Research Methods research methods and Vlex law database. Bibliographic Review: To verify the relationship between reference medicine, generic and similar, as well as the provisions of Law No. 11.342, of August 23, 2006, with the penal system that criminalizes the conduct perpetrated by such health professional. Final Considerations: The performance of the pharmacist in consonance with the typical criminal fact of art. 280 of the Brazilian Penal Code, must be analyzed based on all the current legal system that regulates the activity of such professional, not only on the basis of the nomenclature contained in the medical prescription and the constant on the label of the medically supplied, considering the variants as to the term medicinal substance, thus, taking into account all the factual circumstances, the typical subsumption will be given only in the analysis of the concrete case.