Judicialização da saúde na saúde suplementar: uma revisão de literatura

Abstract

Although healthcare is a fundamental right for Brazilians, there is a conflict between the right to healthcare and the scarcity of budgetary resources. Therefore, this article aims to present an observation about the judicialization of healthcare in the scope of supplementary healthcare, pointing out the possible impacts of this phenomenon on healthcare providers. Without the intention of solving all the issues involving the regulation of supplementary healthcare and the role of the Judiciary, factors that compose the legal and actuarial perspectives on such impacts are addressed to seek a proposal for alignment between actuarial balance and the guarantee of healthcare as a fundamental human right. Finally, the need to adopt measures aimed at promoting a more equitable healthcare system is observed, whether through investments in public policies that make the services provided by healthcare plans to users clearer and more understandable, in order to avoid conflicts and legal disputes.