Análise dos reajustes nos contratos de planos de saúde por mudança da faixa etária dos contratados.

Abstract

This work analyzes readjustment on some contracts which were employed in health service related to the change in the age group of the clients. Such contracts, were carried out by agreement although they have provided harmful clauses to the clients, as far as these contracts can't be argued about or either change are allowed, therefore they have loosen equilibrium in the contractual relationship, violating the clients, rights, who feel affronted at having their objective good faith and social function of these contracts failed. The conflicting clauses took place clearly in the old agreements as far as they haven't been made by Law 9.656/98, according to the decision of The Supreme Federal Court, then all contracts should be submitted to the constitutional consumer's rules. Besides the constant protection from the code of defense of the consumer, the Statute of the Old Age took place to ruled and protect old people from discrimination including health's plans that are made on this purpose. In short, the struggle of the society are currently registering for worthy conditions of public health in order to briny relief to people in search of the private plans, mainly made up of old age who deserve respect and assistance. The hermeneutic method was used with bibliographical research, Internet sites and jurisprudence doctrine and legislation as well.