Oferta obrigatória de planos de saúde individuais e familiares: livre iniciativa e direito fundamental à boa regulação
The article analyzes the duty of the regulatory agency to correct the market failure of the collectivization of the process of purchasing private health care plans. To do so, the text addresses the constitutional issue of restricting the right to free initiative and develops the category of the fund...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6718899 |
| Source: | Revista de Investigações Constitucionais, ISSN 2359-5639, Vol. 5, Nº. 2, 2018 (Ejemplar dedicado a: maio/agosto), pags. 209-234 |
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| Summary: |
The article analyzes the duty of the regulatory agency to
correct the market failure of the collectivization of the process
of purchasing private health care plans. To do so, the
text addresses the constitutional issue of restricting the
right to free initiative and develops the category of the fundamental
right to good regulation. Based on the bibliographical
and jurisprudential review and the analysis of available
data, the article identifies that the private health care
activity is subject to a differentiated constitutional regime,
due to the need for prior authorization for its development,
which makes it feasible to establish of the obligation to offer
individual and family plans. In its conclusions, the article points out that although the regulator has the discretion
to choose the most adequate means to face the problem,
the persistence of the disequilibrium in the supply of types
of health plans requires a clear and motivated action of the
Regulatory Agency in the search for guaranteeing the right
to free choice of the consumer, guaranteed by the fundamental
right to good regulation. |
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