STJ considers that the grandson who is cared for by his grandmother is naturally dependent on a health plan

The Third Panel of the Supreme Court of Justice (STJ) has held that a grandson in the custody of a grandmother is a natural, not a total, subordinate of a plan health Ha. The decision was passed unanimously last Tuesday (23/5).

In the procedure, Rapporteur Nancy Andregui agreed with the family’s request and explained that the vote was appropriate for the third body. As described in jutaThis is not the first time a similar case has come to court: in April, the Third Commission decided to include the grandchild as a dependent in health owned by the grandfather. The college ruled on a similar process in May 2022.

The peculiarity of last Tuesday’s procedure is that the grandmother has legal custody of the minor. This was exactly the family’s argument for claiming inclusion as a natural dependent, arguing that the ECA superseded the Assistance Benefit Plan regulation.

The decision reforms the concept of the Mato Grosso do Sul Court of Justice (TJMS), which included it as a total opaque. For magistrates, the equation does not offend the ECA, but the Assistance Fund for State Employees of Mato Grosso do Sul (Cassems) will not be obliged to perform services without payment, on pain of a contractual imbalance.

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Melissa Duarte – Reporter Guta about health coverage in the three countries. She holds a degree in Journalism from the University of Brasilia (UnB). He has worked for O Globo, Poder360 and Correio Braziliense newspapers. e-mail: [email protected]