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Superior Tribunal de Justiça issues rulings on ANTT fines and cannabidiol coverage
The Superior Tribunal de Justiça (STJ) has issued significant rulings on administrative and civil law matters in Brazil.
In a decision regarding transport regulations, the STJ's First Section established that more lenient administrative sanctions issued by the National Land Transport Agency (ANTT) cannot be applied retroactively to conduct that occurred under previous regulations. The court applied the principle of 'tempus regit actum', ruling that penalties must be based on the law in effect at the time of the infraction to maintain regulatory stability and predictability.
In a separate ruling, the STJ's 2nd Section determined that health insurance providers are not legally or contractually obligated to cover cannabidiol-based medications for home use. The court resolved a conflict within the Health Plan Law, deciding that the general rule requiring coverage for treatments not listed by the National Supplementary Health Agency (ANS) does not apply to the specific exception for home-use medications.
Entities
Agência Nacional de Saúde Suplementar · Agência Nacional de Transportes Terrestres · Brazil · Superior Tribunal de Justiça
Claims
What the coverage asserts, and how many sources carry each claim.
- [○ 1 SOURCE] Health insurance providers are not required to fund cannabidiol for home use when there is no legal or contractual provision for coverage. justicapotiguar.com.br
- [○ 1 SOURCE] Administrative sanctions from ANTT Resolution 5.847/2019 do not apply retroactively to conduct governed by previous rules. mauaagora.com.br
- [○ 1 SOURCE] Administrative penalties must follow the law in effect at the time of the conduct unless a specific law allows for more beneficial retroactive application. mauaagora.com.br
- [○ 1 SOURCE] The STJ ruled that the general obligation to cover treatments not listed by the ANS does not override exceptions for home-use medications. justicapotiguar.com.br