Os planos de saúde e a sua judicialização quanto a crise do sistema de saúde na pandemia do novo COVID-19

Abstract

The purpose of this article is to discuss private health plan adherence contracts, and their difficulty in accessing the hospital system in the face of the health and epidemiological crisis of the new Covid-19 and the need for judicial intervention to access the system supplementary health care from denial of care, diagnosis and treatment. For this purpose, it is necessary to divide this article into three parts: at first, the origin, history and development of adhesion contracts in Brazil, the theory of contracts, and their applicability in the scope of health through so-called health plans are discussed. Cheers. The second part devoted to Consumer Law as a tool to protect the hyposufficient final recipient in the private health system. And finally, understand your judicialization of health contracts in the face of health and epidemiological crises. In order to develop the article, the current legislation will be used, as well as compared to the doctrinal and jurisprudential understanding regarding the theme.