O acesso à justiça e os métodos autocompositivos no tratamento dos conflitos entre planos de saúde e consumidores.

Abstract

The main objective of this course conclusion work is to analyze the extent to which existing health conflicts between health plans and consumers can be resolved through nself-composition, generating effective access to justice. Thus, access to justice, in maddition to access to jurisdiction, takes into account the appropriate means of resolving conflicts, thus including the possibility of using self-compositive methods. In this sense, health conflicts, characterized by dealing with matters in the health area, are mostly brought to the attention of the Judiciary. It turns out that the Judiciary faces several problems, which can define obstacles in the search for guaranteeing rights, such as the long processing time of processes. Furthermore, alternative self-compositional methods to the Judiciary generate several benefits, for example, encouraging the participation of the parties involved and the search for satisfactory solutions through dialogue. To this end, the problem that drives the research asks: to what extent can existing health conflicts between health plans and consumers be resolved through self-composition, generating effective access to justice? As for the methodology used, the approach method is deductive and the procedure method is monographic, using the bibliographic technique, containing an examination of the doctrine and legislation consistent with the topic.