NON-APPLICATION OF THE CONSUMER PROTECTION CODE BY ANS AND ITS IMPACT ON THE JUDICIALIZATION OF HEALTH Rui Licinio de Castro Paixão Filho

Abstract

This article deals with the fact that the Brazilian National Health Agency does not apply the Brazilian Consumer Protection Code in its area of activity, as well as the reflection of this between health insurances and users of this service, with the purpose of explaining the causes of these conditions and point out solutions to mitigate its consequences, which is the judicialisation of health in Brazil. For this, the inductive method was used, starting from specific situations based on doctrinal, legal and statistical studies to reach the conclusion defended here. The results obtained showed that the regulatory agencies have among their functions to solve the existing quarrels between health insurance submitted to them and their users, being such a requirement linked to the of ANS functioning. However, statistical studies show that the aforementioned regulatory agency does not require the health plans to apply the CDC, according to the guidance of the Pronouncement No 608 of the Brazilian Superior Court of Justice. Instead, the ANS protects health plans at the expense of its users, who seek the courts to fight against the abuse suffered. This study identifies as solutions to mitigate these effects the choice of the choice of ANS Directors Board members by technical rather than political criteria, as well as incorporate into the ANS procedures list of the issues of greater demand in PROCON and in the courts and to adapt the CDC to ANS resolutions and give punitive power to PROCON.