É possível a participação de capital estrangeiro em operadoras de planos privados de assistência à saúde com rede própria?

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2013-06
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Nascimento, João Pedro Barroso do
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This study aims to investigate the possibility of direct or indirect participation of foreign capital in health care insurance operators in Brazil, which have their own health care network. Through techniques of legal interpretation, as the historic, teleological and systematic method, we seek to understand the exegetical intelligence of article 199, § 3, of the Federal Constitution of Brazil. Considering that this constitutional provision has forbidden the direct or indirect participation of foreign capital in health care, except in cases provided by law, the study reveals in which cases the provision was exceptioned and if the infraconstitutional exception includes health care insurance operators which have their own health care network. Furthermore, the study examines the positioning of the National Health Agency (ANS), in the takeover of Amil Participações S.A, by the north american health care insurance operator, United Health Group Incorporated. The analysis of this operation becomes increasingly relevant to the study due to two reasons: (i) it involves Brazil’s largest health care insurance provider that has its own network; and, in addition, (ii) the operation involves the largest amount of foreign capital in health care business in the country's history.


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