Fragility and Derogation of the " Fertilization In Vitro " Non-Coverage Thesis Fragilidade e Derrogação da Tese da Não-Cobertura da "Fertilização In Vitro"

Abstract

This article carries out a critical analysis of the rulings handed down by the Superior Court of Justice, in the judgment of theme 1.067, which established the thesis that exempted health plan operators from paying for in vitro fertilization treatment. Using the case study and hermeneutic methods, we observed the fragility of the thesis, which did not articulate in depth the contributions of the family planning law, the Consumer Defense Code and the limits of regulatory powers; in addition, the normative support of the thesis has undergone profound change. This led to the conclusion that the thesis established by the STJ has been overturned.