Judicialização dos contratos de plano de saúde por afronta ao princípio da proteção integral às crianças e adolescentes com TEA

The judicialization of health insurance contracts in Brazil has become a common practice, especially when it comes to ensuring the rights of children and adolescents with autism spectrum disorder (ASD). The principle of integral protection, enshrined in the Statute of the Child and Adolescent (ECA), demands that all the basic needs of these individuals be met in a prioritized and comprehensive manner. However, the refusal or limitation of coverage by health insurance providers has led to a significant increase in legal actions. The necessity of judicialization to guarantee access to appropriate treatments for children and adolescents with ASD highlights a discrepancy between legislation and the practices of health insurance providers. This situation not only burdens the judicial system but also causes suffering and delays in the treatment of individuals who require urgent and continuous care. Therefore, it is imperative to analyze this issue to propose solutions that align the actions of health insurance providers with the rights guaranteed by law. The objective of this study is to analyze the judicialization of health insurance contracts in the context of the integral protection of children and adolescents with ASD, highlighting the main challenges faced and proposing solutions that may reduce the need for judicial intervention. This study employs a qualitative approach, based on a bibliographic review and jurisprudential analysis. The bibliographic review includes the examination of academic articles and legal documents that address the protection of children's and adolescents' rights, ASD, and the regulation of health insurance plans. The jurisprudential analysis focuses on relevant court decisions that illustrate the main arguments and outcomes of actions brought against health insurance providers. It is expected that the analysis will reveal a clear overview of the primary reasons leading to the judicialization of health insurance contracts in cases involving children and adolescents with ASD. Finally, the study aims to propose concrete measures to align the actions of health insurance providers with the principles established in the ECA, promoting more just and efficient access to necessary treatments.