The Federal Supreme Court (STF) formed a majority, this Wednesday (9), to prohibit adjustments by age group in health plans contracted before 2003, the year in which the Elderly Statute came into force. The score was 7 votes to 2, consolidating the understanding that age increases in these contracts are unconstitutional.
The case began to be analyzed in the virtual plenary, but was taken to the physical plenary at a prominent request from Minister Gilmar Mendes. Despite the majority formed, the President of the Court, Minister Edson Fachin, did not announce the result.
The final decision will be announced in conjunction with ADC 90, which deals with a similar topic and remains suspended following a request for a review from Minister Flávio Dino.
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If the understanding is confirmed, operators will be prevented from applying age adjustments to health plan contracts signed before the Statute came into effect.
In his vote, Gilmar Mendes followed the position of the then rapporteur, minister Rosa Weber (now retired), who considered increases by age group unconstitutional and defended the protection of elderly consumers.
Rosa’s vote had already been followed by ministers Ricardo Lewandowski and Celso de Mello, also retired.
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In this Wednesday’s session, Edson Fachin, Alexandre de Moraes and Cármen Lúcia reaffirmed the rapporteur’s understanding, forming the majority. Marco Aurélio Mello (retired) and Dias Toffoli disagreed.
Because they joined the Court following the votes of retired ministers, Flávio Dino, Cristiano Zanin, Nunes Marques and André Mendonça did not participate in the trial. Luís Roberto Barroso, president of the STF, declared himself a suspect, while Luiz Fux is prevented from voting.
