Brief considerations on animal health assistance plans and bill no. 2,888/2019 Fernanda Christina Parisi Sedeh Padilha Paiva, Luciano Pereira de Souza

Abstract

The increase in multispecies families, the concern for animal welfare, and, consequently, the growth of the pet products and services sector (food, accommodation, leisure and health) is notorious and statistically proven. The lack of doctrinal and jurisprudential consensus and, especially, the scarcity of specific rules to regulate legal relationships involving animals, their guardians and suppliers, can put the consumer at an exaggerated disadvantage and promote legal uncertainty. In this scenario and, especially, due to the increase in the commercialization of animal health assistance plans, this paper aimed to highlight the issue and debate it in order to verify whether the lack of legislation, debate and study on the subject can, in fact, generate legal uncertainty for consumers contracting these animal health plans. The methodology used in this article was bibliographical, documentary and exploratory jurisprudential research, and the analysis was carried out using a technical-legal interpretative method. It was concluded that, despite the existing and pending regulations (Bill No. 2,888/2019) preventing some abuses by suppliers, there is no way to guarantee protection, legal security and equality for consumers, which is why there must be specific and adequate regulations, using, until then, the legislation applied to human health as a parameter.