O direito fundamental do consumidor em contratos de plano de saúde : a busca de um ponto de equilíbrio entre os interesses dos consumidores e das operadoras

Abstract

This essay has as its goal to analyze the incidence of the consumer law in the health plans contracts. It initiates with an introduction of the theme, in a chapter where it s analyzed the current stage of the legal science, followed by a presentation of the consumer protection as a fundamental right, of the necessity of a supplementary health system and, at the end, of an exam of the relationship existing between consumer law and health plans. In the second chapter, it continues with an analysis of the health plans contracts, from four perspectives, namely: consumer contract, regulated, of insurance nature and corporate. In the third and last chapter, it goes on with an analysis of the main subjects regarding health plan contracts which lead to lawsuits between consumers and operators. In each of these themes, are presented its controversies, followed by its jurisprudential understanding from the TJ/RS and the STJ and, at the end, reflections are traced in order to aim for a breakeven for the divergences, so that all the interests involved are contemplated and harmonized, mainly the consumer s, without, however, forgetting the sustainability that must be also guaranteed in the supplementary health system.