Regulação estatal e assistência privada à saúde: liberdade de iniciativa e responsabilidade social na saúde suplementar

• Autor(a) principal: Ladeira, Fernando de Oliveira Domingues
• Data de Publicação: 2011
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23724
• topic: regulação; liberdade; iniciativa; assistência privada; saúde; responsabilidade social; regulation; freedom of economics; social responsibility; private insurance; health; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The Brazilian State is featured by the incorporation of several social rights as well as values and goals to be implemented. The quest for a social reality transformation through the implementation of social justice and through the construction of a free and sympathizing society has not only the State as an actor, but also the individuals. Although the freedom of economic initiative is recognized as a principle, an act detached from constitutional goals and disconnected from legitimate values of economic activities is not authorized. This private social responsibility recognition from individual acting indispensability as an actor, and not as a simple spectator of social transformation justifies the State performance through regulation tools in order to have economic activities comply with constitutional goals being, therefore, in the implementation of social transformation sought by constitutional guidelines, the legitimacy to impose the behaviors to be accomplished by individuals. Nevertheless, it is in health insurance where the indispensability of the State action is shown, from the observation that the market has not enough tools to avoid the practice of misuses in detriment of consumers. At the same time constitutional recognition of public relevance for private health insurance indicates the requirement for a sharpest regulation, in view of the rights involved. Therefore, the public relevance for private health insurance, the evidence of market insufficiency as a control tool for the sector and the need of private agents to take over an active role in social transformation legitimate the State action. This recognition allows the conclusion that initiative freedom does not set impediment to State control and regulation of private activities. This paper, therefore, aims to investigate the initiative freedom of health insurance companies to its social responsibilities as an explanation for the narrow state control of health insurance agreements.