Elderly People’s rights pertaining to health insurance readjustment

Abstract

As the world´s population grows older, authorities´ attention has been drawn to the matter, creating the need to reassess current legislation, in order to create an environment for the elderly that provides more adequate and fair life conditions. Heedful of such reality, the Brazilian Federal Constitution addressed the concern of elderly health, therefore accounting for the legal protection of such individuals. However, the evolution of the right to health has proven to be slow and gradual, whereas only recently has the “Statute of the Elderly” been promulgated, which addresses the actual guarantee of non-adjustment of the prices of elderly healthcare plans beyond legally accepted thresholds, both regarding growth in age and usage. This article also discusses the applicability of the Code for Consumer Defense, which is a protective law applicable to contractual relationships, and that possesses its specific legal set of rule and dialogues with other legislations protective of the elderly. Therefore, this analysis intends to promote a critical and analytical view on the legislations and dominant jurisprudence regarding the impossibility of price raising of elderly healthcare beyond legal admittance. Hence, this article consists of the study of the evolution of related legislation, along with research from the websites of Brazilian Courts of Justice in order to collect data about recent legal decisions related to the matter. Several instances of abuse by healthcare operators have been observed, that increase their prices above legal limit in spite of legal prohibition.