The effectiveness of the right to health in the welfare State: an private law’s analysis of the regulation of private health plans in Brazil by Law 9.656/1988 and its application in time

Abstract

The Constitution of the Federative Republic of Brazil 1988 chooses the right to health as a fundamental social right and may be offered directly by the State or by private action under the responsibility and State control. In this context, the enactment of Act 9.656/98 intending to give effect to the constitutional provisions, determines the basic guidelines for the performance of the companies managed care plans and minimum coverage required in the interests of consumers. The interpretation of the scope of such legislation (including considered the temporary characteristics) should strive for compliance with the objectives outlined in the Constitution, without forgetting his prolific-function, especially the primacy of human dignity.