Health Unlimited

Authors

  • Marinella FRANCESCHINI Faculdade Max Planck
  • Marcia Silva OLIVEIRA Faculdade Max Planck
  • Maria Silvia ASSOL Faculdade Max Planck

Keywords:

Contract, health, emergency

Abstract

This article discuss the private health plans contracts in Brazil on the question referring to the existing clauses on the coverage of services in emergency/urgent needs, immediately after the hiring/initial phase. The legislation that regulates the subject is contrary to the constitutional right to health and makes it a controversial matter, considering that a initial membership contract is being offensive to the human person´s dignity when its applying limitations and restrictions - noting only the rigor of "pacta sunt servanda" and ignoring the good faith and the social function of the contract.

Published

2014-01-01