Thamay, Rennan Faria Krüger2024-12-052024-12-052023GOMES, Kathleen dos Santos. Contratos de plano de saúde e natureza do rol da ANS quanto à cobertura: uma análise à luz dos direitos fundamentais e da interpretação contratual. 2023. 116 f. Dissertação (Mestrado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2023.http://repositorio.unialfa.com.br/handle/123456789/517This dissertation addresses the effectiveness of the fundamental right to health, considering its relationship with the State and public-private partnerships, as well as the regulatory framework of the supplementary health market. The analysis of these institutions is conducted from a constitutional and infraconstitutional perspective, utilizing consumer protection legislation, civil code, and the constitution itself to identify the guiding principles of complementary health and the behavior of health insurance providers within the Brazilian legal system. The research was conducted using an inductive approach, involving extensive bibliographic research encompassing doctrine, legislation, and jurisprudence from the Superior Courts. Special attention is given to the recent legislative amendment of Law No. 14,454/2022 and the manner in which the courts have applied the illustrative and non-exhaustive list, evaluating the impact of precedents in the Brazilian legal system. It is concluded that there are still advancements to be made, emphasizing the need for greater dissemination of relevant information to consumers and the improvement of the regulatory framework for the supplementary health market to curb abuses and excesses by private health insurance providers. These measures aim to establish a necessary balance between free enterprise and social function, as established in Articles 170 and 196 of the Federal Constitution of 1988.ptDireito à SaúdePlano de SaúdeEfetividade dos Direitos FundamentaisDireito Constitucional.