Acesso a seguros após superação ou mitigação de doença grave ou deficiência

• Autor(a) principal: Gregório, Ana Rita Brito dos Santos
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/162457
• topic: Seguros; Discriminação; Superação; Doença; Deficiência; Direito ao esquecimento.; Insurance; Discrimination; Overcoming; Illness; Disability; Right to be forgotten; Direito

Continuous scientific, technological, and medical developments have substantially enhanced the prevention, diagnosis, and effective treatment of major illnesses and other health disorders. As a result of this advancement, there has been a significant increase in the number of examples of people overcoming health risks and disabilities. It would be realistic to predict that after overcoming poor health issues, these people's quality of life would improve. However, even when they have recovered, former patients confront considerable challenges in their social reintegration. One of these barriers is a lack of access to financial services, particularly life insurance and, as a result, home loans. This is due to the fact that, in order to assess the risk that the insurer would assume when it decides to contract, it uses statistical analysis based on prior statistical data. The shortage of up-to-date information on the risk of recurrences is exacerbated by recent advances in the treatment of many diseases and the quick development of patient prognosis. Faced with these challenges, insurers frequently adopt a conservative approach, refusing to cover the risks of ex-patients or subjecting them to insurmountably stringent terms. In this dissertation, I attempt to answer the stated problem, with a particular emphasis on the right to be forgotten as one of the offered solutions. This was the option selected, in particular, by the Portuguese legislator, with the passage of Law no. 75/2021 on November 18, which we examine in depth to determine what novel components this institute introduced to the previously existing legal framework.