According to the rapporteur, following reasoning Kuwait Number Data already consolidated in the STJ, it is not possible to fail to recognize the illegality of the statutory clause that limits the number of blood bags in intervention covered by the plan, as “complications of different natures may arise due to unforeseen circumstances. Salomão also recalled that contracts related to health care are classified as existential, as their object is essential in nature to maintain life. In these cases, concluded the rapporteur, “the economic attribute, present in any business relationship, can and must undergo reasonable considerations in light of the value of human life”.
Unfounded sentence Judge Carlos Frederico Finger stated that the minor's aggressiveness could have its origins in the problems she faced in her family environment. For him, the parents' negligence reported on several occasions to the Guardianship Council, the father's drug use and his removal from the family certainly contributed to distorting the minor's behavior. Added to this was the suspicion that she had been suffering some kind of sexual abuse from her older brother, which was revealed by herself and confirmed by the educators, given the state in which she sometimes presented herself at school.