Detalhes bibliográficos
| Ano de defesa: |
2018 |
| Autor(a) principal: |
Chiquito, Bruno Garbelini
 |
| Orientador(a): |
Donnini, Rogério José Ferraz |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/21595
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Resumo: |
The present study aims to analyze the structure and legal and economic bases of the health insurance contract. In a first moment, we will analyze the historical evolution of the insurance operation in the world, its essential characteristics and its legal nature in order to show the economic base that underlies it with due note of the main obligations of the parties involved in this type of contract. In a second moment, comments are made on contractual developments to demonstrate the overcoming of individual interests in a favor of a free, fair, egalitarian and solidary society. The guidelines and mechanisms introduced by the Civil Code of 2002 will be studied in an attempt to better adapt the institutes of private law to social and economic evolution, with emphasis on the incidence of the fundamentally constitucional rights guaranteed in private law relations and institutes. Also detailed are the classic principles of insurance contracts, with emphasis on the accessory duties of the parties to the relationship and their relevant social interest. Finally, the structure, functioning, legal and economic aspects of health insurance contracts will be evaluated, in order to highlight the factors and problems that the sector faces due to the increasing increases in the insurance costs, creating alternatives to mitigate this problem, without going into detail in the aspecto related to the judicialization of health. The approach adopted is not only legalistic in the doctrinal sense, but rather, there was a great concern to explain the phenomenon from its historical origins, as well as to relate them to the causes that have shaped its features, guidelines and principles. The aim was to demonstrate the appropriate degree of state intervention on contractual freedom without detracting the attributes that are essential to it, emphasizing the role of the judge in the application of general clauses and principles, as well as in the necessary self-responsibility, solidarity and cooperation of the members of the relationship of insurance so that the contract transcends the intersubjective relationship and reaches a social pacification |
