LIST OF PRIVATE PLANS AND THE RIGHT TO HEALTH IN BRAZIL

Abstract

The article analyzes the role of the State and the growing importance of private initiative in the realization of the social right to health in Brazil, based on the study of the judgment in Embargos de Divergência em Resp. nº 1.886.929 - SP (2020/0191677-6) of the Superior Court of Justice and Law nº 14.454, of 2022. The Judiciary and the Legislative branches have expressed their antagonistic views on the neuralgic point in the competition between the rights of health plans to the economic balance of health care contracts and the right to medical care for consumers of health procedures and events outside the list of the National Supplementary Health Agency (ANS). Who lives and who dies by being off the national regulatory agency's list and the social function of private health contracts are themes visited, as well as the practical consequences in these two antagonistic paths to users, health insurance carriers, and the Brazilian Unified Health System.