Articles
Informational articles on the questions the firm hears most often. None of them replaces an analysis of your own case.
Health plan denied coverage in Brazil: what the law provides
When a health plan in Brazil denies a procedure, the operator must state the reason in writing, in plain language. Coverage is governed by Law 9,656/1998, by ANS regulations and, except for self-managed plans, by the Consumer Protection Code, under Precedent (Súmula) 608 of the Superior Court of Justice. Since Law 14,454/2022, the ANS list is no longer closed and unlisted treatment can be covered when legal requirements are met.
Read the articleAbusive interest in Brazilian bank contracts: how courts assess it
Precedent (Súmula) 382 of Brazil’s Superior Court of Justice states that interest above 12% per year does not, by itself, indicate abuse. Courts examine whether the rate departs significantly from the average market rate published by the Central Bank of Brazil for that type of credit and period, together with compounding, fees and default charges. Bank contracts are subject to the Consumer Protection Code, under Precedent 297.
Read the articleDebt collection in Brazil: what a creditor can and cannot do
A creditor in Brazil may collect a debt, even insistently, but article 42 of the Consumer Protection Code forbids exposing the debtor to ridicule or subjecting them to embarrassment or threats. Debts become time-barred within periods that vary with the document recording them, and credit blacklisting has its own maximum period. Collecting a time-barred or already paid debt reverses the parties’ positions.
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Informational content only, with no offer of services for any specific case, in line with Rule 205/2021 (Provimento 205/2021) of the Brazilian Bar Association (OAB).