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The final beneficiary of a health plan has active legitimacy to take action against the unilateral termination of the contract even in cases where the plan is collective by membership. This is the understanding of the rd Panel of the Superior Court of Justice when reforming the decision of the Court of Justice of São Paulo. reproduction According to the rapporteur collective plans occur naturally in favor of the final beneficiaries of the health care service. reproduction The collective health contract was signed by Fecomércio with Golden Cross which subsequently terminated it unilaterally.

The TJ-SP considered that the beneficiary would not Germany Phone Number be a legitimate party to file the action. In the appeal to the STJ the beneficiary defended its legitimacy. The appeal's rapporteur minister Nancy Andrighi explained that collective plans occur naturally in favor of the final beneficiaries of the health care service a reasoning that authorizes the user of a collective health plan to individually file an action against the operator to question abuses of the contract regardless of whether the contract was mediated by the legal entity to which it is linked. The minister recalled that the act in question the unilateral termination affects all beneficiaries of the collective health plan without distinction and necessarily.



For the rapporteur the possibility of unilateral termination being abusively practiced by the operator is a factor capable of justifying the beneficiary filing an action questioning the act considered illegal. The fact that the contract is collective does not make it impossible for the beneficiary to individually seek judicial protection that is favorable to him that is the reestablishment of his contractual relationship with the operator which in theory was broken illegally he explained. Nancy Andrighi highlighted that in situations like this other final beneficiaries of the plan.
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