The majority of ministers of the Federal Supreme Court (STF) decided this Thursday (1) that health plans can readjust the values by age group in contracts signed before the Elderly Statute came into force.
The trial was suspended before the final result was announced. At the request of the rapporteur, Minister Dias Toffoli, the action will be sent to the STF's Dispute Resolution Center together with another action that deals with the same topic.
Ministers want to hear from the National Supplementary Health Agency (ANS) to understand the impacts of the decision and, thus, adjust the modulation (scope) of the decision.
The action was proposed by the National Confederation of General Insurance, Private Pension and Life, Supplementary Health and Capitalization Companies (CNseg).
The organization stated that several courts in the country apply part of the Elderly Statute that prohibits discrimination against elderly people in health plans by charging different amounts based on age in contracts signed before December 30, 2003, when the Elderly Statute came into force.
As a result, they prohibit the adjustment of monthly health plan fees when beneficiaries turn 60. On the other hand, according to the confederation, several court decisions recognize that the Elderly Persons Statute cannot be applied retroactively.
The organization defended that the provisions be declared constitutional, but that the STF decide not to apply the protection to contracts signed before the Elderly Statute came into force.
Votes
The trial had begun in the virtual plenary in August 2025. The case went to the physical plenary after a request for a view from Flávio Dino and was later interrupted again due to a request for a view from Minister Alexandre de Moraes.
By returning the case for trial and voting this Thursday, Moraes followed the divergence opened by minister Flávio Dino and understood that the protection provided for in the statute can be applied to contracts prior to the entry into force of the Statute.
"The Elderly Statute does not only protect those who became elderly after the Elderly Statute or only those who were elderly before. It protects all elderly people at the time of application of each of the rules, whether they are related rules, as there are health plans here, or others", he stated.
"When a person reaches 60 years of age, the Statute of the Elderly protects them and the Statute of the Elderly protects them by virtue of the constitutional mandate of article 230. Ah, but the contract, a health plan, was signed before. Yes, but the protection is from the moment it constitutes protection, from the moment it is considered elderly", he said.
Minister Luiz Fux fully followed the rapporteur, Dias Toffoli, who had voted for the possibility of adjustment, if the contracts were signed before December 30, 2003. Cármen Lúcia and Fachin followed the divergence opened by Dino.
As a result, despite divergent points in the votes of the ministers, the trial was suspended with a score of 6 votes to 4, to allow adjustments in health plans for the elderly on contracts signed before the entry into force of the Statute of the Elderly, that is, for the majority, the prohibition of adjustments does not affect these contracts.
They voted in this sense:
Toffoli Days;
André Mendonça;
Cristiano Zanin;
Nunes Marques;
Luiz Fux;
Gilmar Mendes (but made a reservation in order to apply the protection provided for in the Statute to contracts signed before its validity as long as they were renewed after its entry into force)
For four other ministers, discrimination by age group cannot be applied:
Flávio Dino (as long as people became elderly after January 1, 2004, even if it is a previously signed health plan contract);
Alexandre de Moraes (followed Dino, but did not accept modulation);
Cármen Lúcia (followed Dino completely);
Fachin (accompanied Dino completely).
Health plan ordered to compensate patient in Fernandópolis (SP) — Photo: Disclosure / TJSP
