Age-based premium adjustments in health plans under the jurisprudence of the STJ: judicial review of abusiveness and burden of proof

Abstract

This article examines age-based premium adjustments in health plans under the jurisprudence of the Brazilian Superior Court of Justice (STJ), focusing on validity criteria and abusiveness. The exploratory research uses a legal-technical methodology based on legislation, jurisprudence, and doctrine. Results highlight the importance of judicial review and support shifting the burden of proof to health plan providers, who must justify the actuarial basis of applied rates to avoid discrimination and excessive charges, especially against the elderly.