Captain Derrite defends action by the Legislature and the Executive to reverse the STJ’s understanding and make the ANS list exemplary: ‘Families cannot be helpless’
A project in progress in Chamber of Deputies may reverse the decision of the Second Section of the Superior Justice Tribunal (STJ), which exempted health plans from covering medical treatments and procedures not included in taxing role gives National Supplementary Health Agency (ANS)). Authored by federal deputy Captain Derrite (PL-SP), the text intends to make the list exemplary, forcing health operators to pay for treatments that are not included. The assessment is that the change in the STJ’s understanding harms patients and leaves families “total helplessness”. “This is a very big concern, because it happens overnight. […] And of course, it will overload the SUS [ Sistema Único de Saúde]because families who found treatment in the health plan and can’t find it anymore, if the health plan stops covering it, the number of lawsuits will be huge and overload the SUS, which as a rule, at the stroke of a pen, will be forced to cover these treatments”, evaluated Derrite, during an interview with Jornal da Manhã, from Young Pan News.
The deputy considers that the decision is an example of a situation in which the Judiciary “extrapolated its limits” and defends a response from the Legislative and the Executive. “Families cannot be left alone. And what worries a lot is that the Judiciary ends up interfering with its competence, the Legislative has to react. It is our main objective here: to make the list exemplary and not exhaustive. […] I even believe that the federal government can discuss this, if it does not advance in the Chamber, and enter the field so that families are not helpless”, he pointed out, recognizing that there is pressure from health operators for the decision to be maintained. “They say that the number of treatments that appeared was very large, that the health insurance are not prepared. […] As a rule, the treatment of people with rare diseases is multidisciplinary and the plans are for profit, this is the great truth. If I were to pay for the treatment [particular] would be more than R$ 30 thousand and the plans, in an attempt to reduce costs, end up throwing families into total helplessness.”
Another example of a possible invasion of competences was the decision of the STJ this Tuesday, 14, which authorized the planting of marijuana by three people for the extraction of cannabidiol and medicinal use. The assessment is that the defense of the medicinal use of the plant is used as a “smoke screen” by those who defend the legalization of the drug. “Of course, there is something behind it that can be used, cannabidiol is used in the treatment of autistic people and families have to import it from England at very high costs, but what is the intention of allowing the drug to be planted? And how Brazil is going to inspect whether it is going to be used for treatment or whether it is going to resell. […] If we allow marijuana to be planted under a medical smoke screen, it will end up legalizing drug trafficking, which is already absurd.”