Post by messi05 on Jan 22, 2024 0:57:41 GMT -5
From 2014, it was determined that the medical insurance that assumes the obligation to provide health care to a client must provide the medicine, even if the Ministry of Health prohibits the supply of medicines without registration in the Anvisa. In a 2013 ruling , handed down by judge Daniel Ovalle da Silva Souza, who at the time held the position of the 8th Civil Court of the Central Forum of São Paulo (the same one that analyzed the reported case), defined that the health plan cannot deny pay for medicines, whether or not they are included in the list of the National Supplementary Health Agency (ANS).
"In terms of consumer rights and adhesion contracts, the Buy Phone Number List interpretation of the clauses must be made in a way that is more favorable to the consumer, without prejudice to the use of the principle of reasonableness. Thus, if there is a provision in the contract that they will be provided to plan users medical, auxiliary and hospital services, in addition to treatments to the extent necessary to control the evolution of the disease and diagnostic elucidation (article 12, item II, paragraph d, of Law nº 9,656/98), we have to use of the drug Lucentis cannot be obstructed", said the judge in his decision.
The clause on the choice of foreign jurisdiction in a consumer contract is null and void. This is because it imposes an exaggerated disadvantage on buyers, as it is an excessively expensive option, and because it is at odds with the consumer protection system. This was the understanding applied by the 12th Civil Chamber of the Rio Grande do Sul Court of Justice when ruling out the effectiveness of an international contract clause between a Brazilian couple and a hotel services company incorporated and headquartered in the Dominican Republic. The clause had indicated the courts of the Caribbean country as competent for disputes arising from the contract, determining the use of Dominican laws for the respective judgment on the merits.
"In terms of consumer rights and adhesion contracts, the Buy Phone Number List interpretation of the clauses must be made in a way that is more favorable to the consumer, without prejudice to the use of the principle of reasonableness. Thus, if there is a provision in the contract that they will be provided to plan users medical, auxiliary and hospital services, in addition to treatments to the extent necessary to control the evolution of the disease and diagnostic elucidation (article 12, item II, paragraph d, of Law nº 9,656/98), we have to use of the drug Lucentis cannot be obstructed", said the judge in his decision.
The clause on the choice of foreign jurisdiction in a consumer contract is null and void. This is because it imposes an exaggerated disadvantage on buyers, as it is an excessively expensive option, and because it is at odds with the consumer protection system. This was the understanding applied by the 12th Civil Chamber of the Rio Grande do Sul Court of Justice when ruling out the effectiveness of an international contract clause between a Brazilian couple and a hotel services company incorporated and headquartered in the Dominican Republic. The clause had indicated the courts of the Caribbean country as competent for disputes arising from the contract, determining the use of Dominican laws for the respective judgment on the merits.