Resumo em Inglês (abstract)

This essay exposes the dispute over the comprehensive List of Procedures and health events of the National Agency of Supplementary Health (ANS), promoting discussions between the fields of law and public health, through publicly available legal documents. In Superior Court of Justice (STJ) judgments, the theses whether the list is comprehensive or illustrative are extracted. Crossing to the executive and legislative branches, provisional executive order n. 1067/21
and bill n. 2033/22 will be selected, especially
the debate in the Senate, evidencing the role of
advocacy. In the discussion section, the literature
is invited to oppose the views of the right to health
based on market verve or as a social value. It is
shown that the dispute over the ANS’ list has 2022
as a critical point – and not as an arising point.
The executive had already issued a provisional
executive order in 2021 using the economistic
and technocratic arguments, repeated by the ANS
and Justice Salomão. The judiciary was already
dealing with the growing number of lawsuits
arising from denials of coverage, and with a STJ
split between the comprehensive or illustrative
interpretations of the list. The legislature has
also presented bills since 2008. The advocacy
performance highlighted the absence of public
health and the action of groups motivated by
individualized relationships. It appears that the
powers do not act in a watertight manner in the
definition of health policies in Brazil