Da legitimidade ministerial para interpor ação civil pública nas hipóteses de cláusulas abusivas nos contratos de planos e seguros privados de saúde

Abstract

The aim of the present exposition, initialy, consists in the study of the characterization of abusive clauses health insurance plans. At the infraconstitucional level, Private Health Insurance Plans Law and Consumer Defense Code regulate this contracts, in addition to sparse infraconstitutional legislations. At the constitutional level, right to health is a fundamental right. Furthermore, the right to health is directly related human dignity. So, it's necessary the study of the District Attorney's performance, in the exercise of its consitutional duties, for the defense of the collective rights in a broad sense or unvailable individual rights.