The court suspends the 351% amendment to the health plan

A São Paulo court ordered the suspension of the 351.36% amendment applied to the health plan, after identifying signs of illegality in the bill. The decision was issued by Judge Juliana Nobre Correa, of the Third Civil Court of the Regional Court of Itaquera, in response to a punitive action in which the author, represented by his mother, claimed that the increase made it impossible for him to continue working. Stay on the plan because of the high cost.

According to the judge, the arbitrary adjustment applied by the operator Central Nacional Unimed and the manager Tecbem represents a risk of default, which could lead to the termination of the contract. Given the risk of harm to the author, the judge granted the urgent relief request, ordered the settlement to be suspended and ordered the defendants to issue new invoices within five days, without applying the increase.

The decision was based on Article 300 of the Criminal Procedure Code, which stipulates that temporary protection is granted when there are elements proving the possibility of the right and the risk of irreparable harm. The judge also cited precedents from the Sao Paulo Court of Justice, which considers excessive increases to be an indication of arbitrariness.

Furthermore, the judge stressed that in the event of non-compliance, a fine may be imposed on the defendants.

The court suspends the 351% amendment to the health plan.(Photo: Freebeck)

Lawyer Gustavo de Mello Sinzingerfrom the office Sinzinger Law FirmI worked on the cause.

Watch the decision.