Análise das jurisprudências do STJ sob a ótica da teoria da norma jurídica, perpassando pelos princípios do sistema nacional do consumidor e das normas reguladoras da saúde suplementar nacional

Abstract

The application of Law nº. 8.078/90 to the detriment of the Health Plans´s Law nº. 9.656/98 is not so recent reality in the jurisprudence of national courts, and the Superior Court of Justice has issued two precedents to that effect. Thus, it is common ground in the national case law to depart from contractual clauses which, from the perspective of consumerist legislation, may at first be abusive, even if based on the special legislation governing these types of contract. This research aims to bring a different look to the opinion issued by the Superior Court, in order to analyze the theme from the perspective of the legal norm theory, going through the principles of the National Consumer System and the national supplementary health regulatory norms, besides demonstrate the current understanding of the Federal Supreme Court in a case analogous to that of health plans. The research method adopted was the explanatory one, through the quantitative analysis of the jurisprudential understandings of the STJ and the STF, as well as through a broad bibliographic research of the doctrine, the national laws and the Normative Resolutions of the National Supplementary Health Agency. In the end, it is concluded that the use of special legislation in health insurance contracts is a logical conclusion derived from the principles of the theory of the rule of solution of legal antinomies.