WhatsApp
,

Health plan cancelled an elderly person’s contract? Brazil’s STJ recognizes moral damages

Sidnei Pedro Dias

Worried elderly man reading a letter: health plan cancelled, STJ awards moral damages

Published on November 5, 2026.

When a health plan operator in Brazil wrongly cancels an elderly person’s plan, moral damages do not depend on proof of specific suffering. That was the decision of the Third Panel of Brazil’s Superior Court of Justice (STJ) in REsp 2.258.447, reported by Justice Nancy Andrighi, with the judgment published on September 8, 2026. The STJ reinstated an award of BRL 5,000 that the Minas Gerais Court of Appeals had overturned.

What happened in the case

The operator terminated an elderly beneficiary’s contract unilaterally and without prior notice, and she went about eight months without coverage. The trial judge ordered the operator to pay moral damages. The Minas Gerais court found the exclusion abusive but removed the award, reasoning that there was no serious situation such as a denial of care or a worsening of her health.

At the STJ, the reporting justice stressed that elderly people are hypervulnerable, because they depend more on health services and face a higher risk of illness or of their condition worsening. For the Third Panel, the wrongful exclusion of an elderly beneficiary is enough on its own to establish moral damages.

The difference from a coverage denial

The STJ itself distinguished this case from Repetitive Theme 1.365. In that theme, the court held that a wrongful coverage denial does not create presumed moral damages: it must be shown that the denial actually affected the beneficiary beyond mere annoyance. The reporting justice noted that the STJ had applied similar reasoning to irregular cancellations, requiring proof of added pain or harm to health. REsp 2.258.447 opens a distinction when the excluded person is elderly.

The decision comes from one of the STJ’s panels and is not binding like a repetitive theme, but it shows how the court has been looking at these cases.

When a plan can cancel the contract

For individual or family plans, Law 9.656/1998 prohibits unilateral suspension or termination, except for fraud or non-payment for more than 60 days, consecutive or not, in the last 12 months, and even then only if the consumer is provably notified by the 50th day of delay (art. 13, sole paragraph, II). During the holder’s hospitalization, unilateral termination is prohibited in any case (art. 13, sole paragraph, III).

For collective plans, whether employer-sponsored or by membership, the cancellation rules are different and depend on the contract and on the rules of the ANS, Brazil’s health plan regulator. Even so, cancellation must follow the contract and the law, and each situation should be reviewed with the documents in hand.

What can be requested

  • reinstatement of the plan, with an urgent request when treatment is under way;
  • reimbursement of medical expenses paid during the period without coverage;
  • compensation for moral damages, depending on the case.

What to do if the plan was cancelled

  • Keep the cancellation letter, email or message and note the date you found out.
  • Gather the payment slips and receipts for the last 12 months.
  • Ask the operator in writing for the reason for the cancellation and a copy of any notice it says it sent.
  • File a complaint with the ANS and keep the protocol number.
  • Gather prescriptions, test orders and medical reports, especially if treatment is under way.

SPD Advocacia handles health plan cases throughout Brazil, with document upload through the website and updates by WhatsApp, including for families living abroad. See our page on health plan cancellation and, if the issue is a denied test or surgery, our page on health plan denied treatment. Each case needs its own analysis, and we do not promise results.

Frequently asked questions

Do I need to prove I got sick or needed the plan?

In REsp 2.258.447, the STJ held that, for an elderly person, the wrongful exclusion is enough for moral damages, without proof of specific harm.

Can the plan cancel because I was late on a payment?

For individual or family plans, only after more than 60 days of delay in the last 12 months and with proven notice by the 50th day. For collective plans, the contract and ANS rules apply.

I live abroad or in another state. Can SPD handle the case?

Yes. Service is online and the case proceeds electronically.

Official sources

By Sidnei Pedro Dias, lawyer, OAB/GO 48.603, OAB/DF 68.207 and OAB/SP 501.693.

Related pages