As repercussões jurídicas do rol da ANS para planos e operadoras de saúde

Abstract

The present work analyzes the decisions, judgment and the updated laws about the role of the National Supplementary Health Agency (ANS) in relation to the specificity or not of the procedures for coverage of health plans and health operators and the impacts that they cause in this sector. In this perspective, the current study analyzes these aspects in the constitutional and consumer areas. The present work is carried out through the deductive method, which starts from the analysis of general arguments to specific arguments, that is, the information will be conducted to reach a logical conclusion. In this way, the Judiciary Power demonstrates a certain legal uncertainty by now granting the claim against the operator and now denying the beneficiary's claim. Thus, we seek to analyze the arguments for each understanding of the Courts in front of this controversy and the effects that infraconstitutional laws cause in health plan operators.