Análise jurídica de práticas e cláusulas abusivas praticadas pelos planos de saúde privados à luz da jurisprudência do Superior Tribunal de Justiça

Abstract

This paper aims to make a legal analysis regarding decisions of the Superior Court of Justice in matters involving the analysis of clauses and abusive practices exercised by private health plans towards consumers, under the perspective of the Defense Code and the Law 9,656 / 98, which regulated the Health Plans. The contemporary conception of the contract, and the concept, especially of the adhesion contracts, is a matter for which the private health plan contracts are signed. Along the same lines, it was necessary to define the legal nature of health plan contracts and what are the plans covered by Law 9,656 / 98. The federal constitution, in its article 196, deals with health as a social right, and more importantly, a fundamental right, a characteristic that implies strict observance and permeates social function contracts. The consumer protection code stands out, since it is a true consumer relationship, and therefore its principles must be observed and applied, in accordance also, and in conjunction with the specific federal legislation, Law 9,656 / 98, when dealing with Abusive clauses. The STJ, has constantly received demands that judge the abuse of clauses and practices made by health plans in the face of consumers, and, therefore, the question remains as to how the Superior Court of Justice has been judging demands, in the context of a special appeal. , which involve the discussion of unfair terms and practices in health insurance contracts between consumers and health plans.