Unilateral termination and the protection of pregnant women in health plan contracts

Abstract

The Superior Court of Justice, in the judgment of Theme 1,082, established a precedent to ensure the maintenance of healthcare assistance for ill patients, whether hospitalized or undergoing medical treatment, until they are officially discharged. However, this judgment did not expressly address the protection of patients during the gestational period, which has led to the courts reviewing the controversy. Objective: This research aims to examine the possibility of extending the application of Repetitive Theme 1,082 for the protection of pregnant women.  Methodology: This is a bibliographic-documentary research of an exploratory nature. Results: It is observed that the courts have interpreted the issue by analyzing the principles of objective good faith and the social function of the contract, which was discussed at the First Health Law Symposium of the Federal Justice Council. Conclusion: From the perspective of the horizontal effectiveness of human rights, the health and safety of pregnant patients should prevail over the principles of freedom of contract and autonomy of will.