Planos de saúde e relação de consumo: Sobre o princípio da não intervenção em orientação terapêutica
The purpose of this article is to establish the legal parameters applicable in order to solving dispute regarding health insurance plans and consumers: the intervention of the health insurance in the medical therapeutic guidance prescribed by the consumer’s trusted doctor, often followed by its nega...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277364 |
| Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 16, Nº. 2, 2015 (Ejemplar dedicado a: ESPAÇO JURÍDICO JOURNAL OF LAW [EJJL]), pags. 533-554 |
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| Summary: |
The purpose of this article is to establish the legal parameters applicable in order to solving dispute regarding health insurance plans and consumers: the intervention of the health insurance in the medical therapeutic guidance prescribed by the consumer’s trusted doctor, often followed by its negative to support the treatment financial costs. By applying the consumer’s protection principles and judicial intervention of contract, and as a result of the fundamental principle of human dignity densification and the right to life, both constitutionally guaranteed, advocates for the recognition of a new consumer’s protection principle, specifically applicable to legal relationship between the insured and provider health insurance plan: the principle of non-intervention in medical therapeutic guidance. This principle serves as a rule of health insurance clauses interpretation, aiming to optimize the consumer protection as the part admittedly vulnerable, serving as a legal basis for the intervention of the Judiciary Branch in the contractual relationship between health insurance plan and consumer. |
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