Legitimidade e limites da atuação do Tribunal de Contas da União – TCU na área da saúde suplementar – o controle exercido sobre os atos da Agência Nacional de Saúde Suplementar - ANS

Abstract

This study, divided into five chapters, evaluates the possibility of the Federal Court of Auditors (TCU), as an auxiliary body of the National Congress in external control, as provided in the 1988 Magna Carta, among its powers, to control the regulatory activity carried out by regulatory agencies (core activity), primarily in the activities of the National Supplementary Health Agency (ANS), whose institutional purpose is to “promote the defense of the public interest in supplementary health care, regulating sectoral operators, including their relationships with providers and consumers, contributing to the development of health actions in the country” (article 3 of Law No. 9,961/2000). After all, although it presents an overview of the Federal Court of Auditors (TCU)'s role in relation to the previously existing regulatory agencies, a study of the court's role within the National Supplementary Health Agency (ANS) is necessary, since, until its regulation and subsequent regulation, the supplementary health sector was in the hands of the private sector and, therefore, outside the court's scope. However, before analyzing the possibility of the Federal Court of Auditors (TCU) working within the National Supplementary Health Agency (ANS), the study seeks to answer whether: i) the court would have jurisdiction to oversee and/or control the activities of regulatory agencies; ii) the court's role would be legitimate or would there be any limits; iii) any specificity regarding the National Supplementary Health Agency (ANS), given that the aforementioned market would be regulated for the benefit of the end consumer of health insurance plans. The first chapter introduces the focal point of the study and the manner in which it was conducted. The second chapter highlights the emergence of the regulatory state based on the 1988 Constitution, the so-called Citizen Constitution. The study then discusses the regulation of the supplementary healthcare market following the enactment of the 1988 Federal Constitution. The third chapter, in addition to presenting the Court of Auditors throughout Brazilian constitutions, seeks to answer the questions presented. The fourth chapter analyzes rulings issued by the Federal Court of Auditors (TCU) related to the activities of the National Supplemental Healthcare Agency (ANS). Finally, the fifth chapter presents concluding remarks regarding the questions raised.