The Prescriptive Term for Actions with a Request for Restitution Against Health Plans and Insurance Based on Abusive Adjustment Paulo Lascani Yered

Abstract

The purpose of this study is to analyze the various understandings regarding the prescriptive terms applicable to lawsuits with a claim for reimbursement against health plans and insurance companies, the basis of which is an abusive adjustment. The controversy consists of four distinct terms applicable, in theory, to such lawsuits, namely, one year, three years, five years, and ten years. After a detailed analysis of each of the aforementioned positions, using descriptive and propositional methods, we suggest an interpretation favorable to the general ten-year term established by article 205 of the Brazilian Civil Code, in contrast to the decision decided in the repetitive appeal in Special Appeal No. 1,360,969 – RS.