Monografias de Graduação
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Bachelor Thesis O conflito entre o direito da saúde e as relações contratuais: uma análise da taxatividade mitigada na jurisprudência do Superior Tribunal de Justiça(Contribuciones a Las Ciencias Sociales, 2025-10-30) Nóbrega, Ana Beatriz Cavalcante da; Almeida, Juan de Assis; Almeida, Juan de Assis; https://orcid.org/0000-0001-9171-1606; https://orcid.org/0009-0003-1978-3180; https://orcid.org/0000-0001-9171-1606; https://orcid.org/0000-0001-9171-1606The discussion about the legal nature of the list of healthcare procedures and events established by the National Supplementary Health Agency (ANS) has generated considerable controversy within the Brazilian judiciary. Thus, the establishment of the mitigated taxability thesis aims to balance relevant values, which create the conflict between health law and the rules governing contractual relationships. The issue of this essay lies in the consequences of the definition of mitigated taxability for consumers, providers, and the supplementary healthcare system itself. The study aimed to analyze the case law of the Superior Court of Justice (STJ) on the application of the mitigated taxability thesis, assessing its foundations, impacts, and criticisms. To this end, a descriptive and qualitative legal methodology was used, based on case law, doctrinal, and legislative research. It was found that, although the thesis seeks to balance relevant constitutional values (such as consumer protection and the right to health) with the need to preserve the economic and actuarial balance of contracts, in practice, the STJ's decision has not reduced the judicialization of supplementary health care and still creates legal uncertainty regarding the coverage of procedures. It is concluded that understanding the limits and effects of mitigated taxability is essential for improving the supplementary health care system and for upholding human dignity