THE INTERPRETATIOM OF CONTRACTS TO PROVIDE HEALTH SERVICE WITH THE LIGTH OF THE PRINCIPLE OF DIGNITY OF HUMAN PERSON

Abstract

The dignity of the human person, as one of the founding principles of the Federative Republic of Brazil and the Democratic State must, even as possible, be respected when interpreting a contract of health service providing by the operator of right in front of a concrete case. After showing this premise, this study has as main objective to perform an analysis of the many rules of interpretation of the contracts of health service providing, in face of the principles and constitutional norms, as well as infra-constitutional legislation applicable to it, also aiming to acquire economic equilibrium and contractual justice. This theme is very relevant, because the number of beneficiaries of contracts of health service increases every year, before State's inability to provide to all citizens a public health model, sculptured in article 196 of the Constitution of 1988, giving to the private business the possibility of exploration of this relevant state activity (articles 170 and 199 of the Constitution of 1988). Finally, it aims to encourage the parties involved in the contract to have a real and permanent debate, as a result of a critical reflection about all the variables involved in this context, aimed also to improve the entire health system (public and private ones), and, as a consequence of it, the faithful fulfillment of constitutional guidelines, because the article XXV of the Universal Declaration of Human Rights guarantees to every person the right to have a comprehensive health and dignity.