Direito laboral a planos de saúde: vedação do retrocesso no Sistema Único de Saúde e a PEC n° 451/2014

Abstract

The purpose of this article is to analyze the adequacy (parametricity) between the Constitution of the Federative Republic of Brazil of 1988 (CF) and the Proposal for Constitutional Amendment (PEC) 451/2014, which it intends to include in the list of workers' rights Article 7 of the FC, the access to a plan or private health insurance, to be offered by the employer. The study is justified by the relevance of the theme - worker access to private health insurance - which is impregnated by the discussion about the health system model adopted by the Brazilian constitutional rule, as well as by the extent of its legal and normative consequences . The conclusion reached was the verification of the unconstitutionality of this PEC, highlighting the existence of constitutional limits to the reforms that present repercussion of suppression or reduction of the principles and guidelines of the Unified Health System (SUS).