The São Paulo State Court of Justice decided that a health insurance provider must implement the contract requested by an oncology patient with a pre-existing condition. The 4th Private Law Chamber ruled that the patient's health condition could not be used as justification to prevent enrollment in the plan.
The decision upheld the provider's conviction to pay R$ 10 thousand in moral damages. The trial took place on August 25, 2026, in a ruling reported by Judge Carlos Castilho Aguiar França, and confirmed the first-instance judgment that obligated the implementation of the plan.
The plan must have retroactive effects to February 28, 2025, the date when the oncology patient requested enrollment. During the analysis of the proposal, she needed to be hospitalized in a public hospital after presenting a crisis related to a thrombotic condition.
On March 26, the provider stated that it had "commercial disinterest" in the enrollment, without presenting reasons related to the patient's health. The São Paulo State Court rejected this justification and ordered full compliance with the contract.
