NIP: medida extrajudicial à saúde nos processos que envolvam as assistências médicas privadas, em casos de obesidade

Abstract

The objective of this article is to investigate how private medical care has been involved in the provision of medical services in the treatment of obesity. Through doctrinal, legal and jurisprudential research, it is explored about the provision of private health in Brazil, its effectiveness or not, as well as about the mechanisms for its implementation and its control. There is a discussion on the Judicialization of this fundamental right, since the guarantee of this is related to the application of the Judiciary to enforce it through its decisions, in view of the denials of health plans. From different perspectives on the subject, new perspectives for the fulfillment of this obligation by the private medical assistance can be seen, and can even serve as a criterion for guiding judicial decisions, thus finding an extrajudicial mechanism, which could promote the reduction of the collection of legal proceedings, namely: the NIP (Preliminary Investigation Notice), which is a measure created by the ANS (National Health Agency) so that the consumer can claim their right to health, when denied by private health care, without recourse to the judiciary.