Judge also ruled that the NSA to give wide dissemination to the decision by requiring all operators of health plans in Brazil
compliance with the Statute of the Elderly. The lawsuit challenges the wording of resolution 63/03, the NSA, and Resolution 06/08, the Board of Health Supplements, as both in setting rules for the price change by age group to be followed by health plans, descumprido the Elderly Statute and the Code of Consumer Protection. For the MPF, these laws contain rules of public order that must prevail over any contractual terms.
The Elderly Statute prohibits discrimination of the elderly in health plans through the collection of values differentiated on grounds of age. However, operators, supported by the National Agency of Health, argue that the rule only applies to contracts signed after 2004, when the Statute entered into force.
To the judge, “the freedom to contract is limited in the role of social contract.” And the function of a social contract to provide medical service of hospital is ensuring access to health care to the contractor. Soon, the new law, the Elderly Statute, not only protects the elderly who have signed contracts and completed 60 years after its entry into force, as well as those who signed contracts prior to January 1, 2004, regardless of when who completed 60 years of age “
