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This article aims to analyze the decisions of the Superior Court of Justice (SCJ) involving restriction of treatment by health plans, based on the theory of fundamental rights and new constitutional hermeneutics. The controversy is in the interpretation-application of the rule that authorizes health care providers to exclude certain procedures and products from the coverage of health insurance plans, in face of the realization of the fundamental right to health of consumers. It was verified by the sampling carried out that the SCJ removed the pre-existing norm, without, however, declaring its unconstitutionality, thus interfering in the primary function of the Legislative Branch and in the interpretation of the norm by the regulatory agency.

revista de direitos e garantias fundamentais

Restrição de tratamento por planos de saúde e o papel da Agência Nacional de Saúde Suplementar: uma análise hermenêutica das decisões do Superior Tribunal de Justiça