THE NEGATIVE OF HEALTH PLANS IN HIGH-COST TREATMENTS, IN FACE OF THE PRINCIPLE OF HUMAN DIGNITY

Authors

  • Luiz Marcelo Gomes dos Santos Faculdade de Ilhéus
  • Waldir Franco de Camargo Júnior Faculdade de Ilhéus

DOI:

https://doi.org/10.51891/rease.v10i6.14227

Keywords:

Refusal. Health plans. Human dignity. Acess to health. Contractual responsibility.

Abstract

This Course Completion Work has as its central objective of studying the approach to the refusal of health plans to cover high-cost treatments, a topic of great relevance in contemporary society due to its direct impact on the principle of human dignity. With the advancement of technology in healthcare, such treatments have become essential for the quality of life and survival of many patients. However, the frequent refusal of health plans to pay for these treatments raises ethical and legal questions, as it involves people's lives and health. The study seeks to understand the reasons behind these denials, analyze their consequences for patients and reflect on the role of the State and society in this context. The discussion is based on the principle of human dignity, recognized both by the Federal Constitution and by international treaties, which guarantees the fundamental right to health. Specific cases of patients who had their rights denied are analyzed, highlighting the need for judicial intervention to ensure access to the necessary treatments. Doctrinal debates cover ethical, legal and economic aspects, highlighting the contractual responsibility of health plans, coverage criteria, economic impact and patients' rights. Although health plans are based on legal foundations, it is important to consider that such decisions can be challenged in light of ethical considerations and patients' rights. In short, the article emphasizes the complexity of the topic and the need to seek solutions that guarantee fair and equal access to high-cost treatments, preserving the dignity and rights of patients. The intervention of the Judiciary and the review of coverage criteria are seen as crucial measures to achieve a fairer and more equal society in terms of access to health.

Author Biographies

Luiz Marcelo Gomes dos Santos, Faculdade de Ilhéus

Graduando do Curso de Direito da Faculdade de Ilhéus. 

Waldir Franco de Camargo Júnior, Faculdade de Ilhéus

Orientador do curso de Direito da Faculdade de Ilhéus. 

Published

2024-06-07

How to Cite

Santos, L. M. G. dos, & Camargo Júnior, W. F. de. (2024). THE NEGATIVE OF HEALTH PLANS IN HIGH-COST TREATMENTS, IN FACE OF THE PRINCIPLE OF HUMAN DIGNITY. Revista Ibero-Americana De Humanidades, Ciências E Educação, 10(6), 1164–1177. https://doi.org/10.51891/rease.v10i6.14227