Responsabilidade ética e civil das empresas privadas de saúde suplementar

Abstract

The present study aims to analyse briefly the aspects concerning to the ethical and civil responsability in the scope fo relation medical/patient and private enterprises of supplemental health. In this context, it was done a boarding upon the current crises of ethics and it was pointed out the necessity of a rearranging of the anthropological unity of the medical knowledge and of the exercise of medicine. In this reasoning, the ethical aspects were analysed before incompatible interests between the quality of the attendance to the patient and the economy of the enterprise which gives its work of health, with distinction to the performance of the medical auditor. At last, it was refered to the doutrinary and jurisprudential knowledge concerning to passive solidarity and objective responsibility in indemnity demands against the operators of the system of private assistence to health. In order to reach such objectives, it was used the method of dialect boarding, as well as the method of historical and comparative research, through of the analyses of bibliography and of the jurisprudence refering to the theme. It was considered important the intervenction of State in the private economical dominion aiming the effectivation of the constitutional principles and the recognizing of fragility of the patient/consumer of plans of health. With this aim, it started to invigorate the Law 9656/98, which regulates the activities in this area, besides the application of the Code of Defense of the Consumer and of the Civil Code, which have efficacious instruments for prohibiting eventual abuses and contractual disturbs. So, it imposes to the Right and to the Ethics the regulation of social relations, specially in the area of health, in order to occur the just balance of the relations of consume.