As cláusulas abusivas nos planos se saúde frente ao código de defesa do consumidor.

Abstract

In a consumption relation where the recklessness of the supplier can have so funestas consequences, as the loss of the conditions of health, and even of the proper life. It compels the one that if attempts against for the abusividade, proceeding from the high profitability that this branch of the economy presents. Exactly the lesser deferred payment of insuring when authorizeing a medical occurrence can take the consumer to suffer irreversible damages. The fiscalization of the functioning of the health plans happens in diverse ways, amongst them: administrative, the whose functioning will not be argued in this work, and legal one, where if it determines the contractual protection of the consumer, always in virtue of the recognition of the vulnerability of this. Still in the field of the jurisdiction, which had at the outset of the delegation, time that the health right social is foreseen in the Carla Magna, is cabivel measure of security against the acts of the operators, subject that also will not be object of study of this monograph. The present monographic work is lingered, therefore, the fiscalization and the nullity of the abusive clauses, thus understood foreseen in the Code of Defense of the Consumidor.A the subsidiary application of the Code of Defense of the Consumer in the regulation of the health plans make with that the rules of the cited statute happen on these in what refers to the contractual protection. Which, never could leave to happen, therefore it is about a consumption relation, and where of remaining portion an aggravated vulnerability of the consumer exists. The methodology used in the confection of the work of course conclusion was the technique of fichamento and the inductive method. The abusive clauses in the plans of health front to the code of the consumer had been to the consultation the legal texts, doctrines, jurisprudences, reading and analyze of texts and relative informative articles to the subject. One will search, of this form, to inform, to guide and to help the consumer best to understand and to preserve its rights.