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Supplementary Health
PROPOSED STATEMENTS TO FONAJUS/CNJ
The three draft guidelines set forth below aim to establish objective criteria for granting court orders regarding coverage or funding for therapies intended for individuals with Autism Spectrum Disorder (ASD) and other neurodevelopmental disorders, in accordance with Recurring Issue No. 1,295 of the Superior Court of Justice and with Statements Nos. 133, 138, 139, and 140, approved at the 7th Health Law Conference of the National Council of Justice.
ABUSIVE LITIGATION IN STRATEGIC SECTORS
Abusive litigation in the private health insurance sector is characterized by the widespread and systematic use of the judicial system as a means of extracting value, divorced from the legitimate protection of rights. The patterns documented by the IBCI study—corroborated by precedents from the Superior Court of Justice (STJ), the Federal Supreme Court (STF), and the Courts’ Intelligence Centers—point to a structural, rather than episodic, phenomenon with systemic impacts on the cost of health insurance plans and the sector’s sustainability.
ABUSIVE LITIGATION IN STRATEGIC SECTORS – PRESENTATION
Since 2021, the Brazilian Institute of Competition and Innovation has been conducting systematic research on patterns of abusive litigation. The methodology combines in-depth case law analysis, statistical mapping using DataJud/CNJ, and the identification of behavioral indicators drawn from representative samples of court cases—with a focus on structural, rather than episodic, patterns.
Litigation in the Health Sector as a Predatory Practice
Presented at the 20th Annual ASCOLA, in Chicago, United States, from June 26 to 28, 2025, by Eduardo Gaban and Lorenzo Nicoletti.
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