On Friday, July 18, GM/MS Ordinance #7,444 of the Ministry of Health (MoH) was published in the Federal Register, establishing the Technical Appellate Evaluation Committee (Appellate CTA) within the Health Economic-Industrial Complex.

The new Appellate CTA will be responsible for reviewing appeals filed against the rejection of proposals for Productive Development Partnerships (PDPs) and for Local Development and Innovation Projects (PDILs).

Before GM/MS Ordinance #7,444, appeals filed against the rejection of PDPs' project proposals were submitted to the MoH for decision. If the appeal was upheld, the PDP proposal was submitted for reevaluation by the Technical Evaluation Committee (CTA) and thereafter by the Deliberative Committee (CD), pursuant to Article 39, Paragraphs 2 and 3, of Annex XCV of GM/MS Ordinance #5/2017.

In 2024, with the enactment of GM/MS Ordinance #4,472/2024, the step of submitting appeals to the MoH for a decision was eliminated. For the first time, the Appellate CTA was designated as the entity responsible for reviewing the appeal merits and for issuing an opinion on whether to grant it or not, before forwarding it to the CD for final deliberation (Articles 20–23, of Annex CX of GM/MS Ordinance #5/2017, as amended by GM/MS Ordinance #4,472/2024).

However, despite the publishing of the Ministry of Health’s Informative Note #8/2025-DECEIIS/SECTICS/MS¹ indicating that the Appellate CTA would handle the appeals’ merits review and referral to the CD for final determination, the Appellate CTA had not yet been formally created, since its composition, remits, and duties remained undefined. Now, this normative gap was finally filled in by the publication of GM/MS Ordinance #7,444/2025.

The Appellate CTA will be composed of members from various federal entities, including the Ministries of Health, Science and Technology, Industry and Trade, Management, as well as the Brazil’s FDA (Anvisa), the National Bank for Economic and Social Development (BNDES), and the Financing Agency for Studies and Projects (FINEP). Furthermore, each member has a substitute.

The members of the Appellate CTA and their substitutes will be nominated by the representatives of the bodies and entities they represent and assigned by the Secretary of Science, Technology, Innovation and the Health Complex of the Ministry of Health.

The Appellate CTA will meet monthly in person or virtually, with a quorum for meetings and decisions of an absolute majority and a simple majority, respectively. External experts may be invited, without voting rights.

The Ordinance can be found here in the original version (in Portuguese) and here translated to English.

For more information, please contact us at info@lickslegal.com.

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