Contratos de planos de saúde: vertentes hermenêuticas em perspectiva civil constitucional

Abstract

The dissertation analyzes the regulation of health plan contracts (private health care plans) from a structural and functional perspective and from the main normative instruments on the subject, in order to examine, especially, some of the main hermeneutical currents apllied in the resolution of conflicts in this area, having the civil-constitutional methodology as a theoretical framework. Based on bibliographic research in doctrine and on the search for jurisprudential precedents, the aforementioned hermeneutical currents and their main premises are analyzed, as used in arguments and judicial decisions concerning disputes involving health insurance contracts. In the end, the currents examined are compared with assumptions of the civil-constitutional methodology, in order to assess the compatibility of the main premises of these currents with the values of the Brazilian legal system and with the search for balanced solutions for conflicts of health plans contracts that can also be justified on the basis of that legal system.