Uma análise da inserção de cláusulas abusivas nos contratos de plano de saúde privado.

Abstract

This monograpto ofereces a study regarding the prejudicial insertion of abusive clauses in adhesion of the health plan type contracts. The law 9656/98 and Law Health Plan emerged in order to regulate this contract before just follow the basic guidelines contained in the Civil Code, but the reality is clear in showing that such legislation is flawed in that it presents omissions and injustices in determining the rights and duties in the letter of the law of the supplier and consumer of this type of service, as a result originates court lawsuits filed in the courts in order to gain recognition for the company health plan the right the beneficiary of having a serious disease with symptoms arising after the execution of the contract treated by the health plan, diseases that are denied to join the roster of members of plans to enjoy the health care plan offered by super increases implemented by operators over the elderly and the consumer's collective health plan, these situations that are experienced by the population and who possesses understanding of judges and courts in the opposite direction to that practiced by these companies, but still continues to be exercised arbitrarily and unethical .To understand and deepen this subject, it conceptualizes first point in the formation of the contract agreement, its principles, its sub-type of the membership contract with unfair terms that are inherent to it and its effect on the relationship contratual.For order, the effects of unfair terms in the contract is studied pointing out the problems arising when the beneficiaries actually need the service plan and face obstacles to exercise them in a satisfactory manner, ie, there is no fulfillment of social that the contract purports to perform, this is shown through doctrinal and jurisprudential understanding on the subject.