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Brazil's STJ issues rulings on judicial recovery and healthcare rights
The Superior Tribunal de Justiça (STJ) has issued several significant rulings regarding legal and healthcare obligations in Brazil.
In a decision regarding corporate law, the STJ's Third Chamber ruled that amendments to judicial recovery plans do not have retroactive effects. This means new conditions approved by creditors apply only to future obligations and do not alter payments already made under the original plan.
In matters of healthcare, the STJ's Third Chamber unanimously decided that health insurance providers must ensure the continuity of multidisciplinary treatment for children with ADHD, even following the unilateral termination of a collective contract, until a new plan is secured.
Additionally, the STJ's Second Chamber established that the Unified Health System (SUS) is only required to fund medical treatments abroad in exceptional circumstances. The court set three specific criteria for such funding: the absence of an effective therapeutic alternative in Brazil, the proven efficacy and safety of the foreign treatment, and its absolute necessity for the patient.
Entities
Marco Aurélio Bellizze · Nancy Andrighi · Ricardo Villas Bôas Cueva · Sistema Único de Saúde · Superior Tribunal de Justiça
Claims
What the coverage asserts, and how many sources carry each claim.
- [○ 1 SOURCE] Amendments to judicial recovery plans do not apply retroactively to obligations already being paid under original terms. mauaagora.com.br
- [○ 1 SOURCE] Health insurance providers must maintain coverage for children with ADHD during the transition period after a collective contract is terminated. justicapotiguar.com.br
- [○ 1 SOURCE] Funding for foreign treatment requires proof of no domestic alternative, treatment efficacy/safety, and medical necessity. www.abcmais.com
- [○ 1 SOURCE] The Unified Health System (SUS) is only required to pay for medical treatments abroad if no effective therapeutic alternative exists in Brazil. www.abcmais.com