Overview

• The court formed a 7–2 majority holding that turning 60 cannot trigger premium hikes even in legacy contracts.
• Proclamation was suspended as President Edson Fachin moves to harmonize this case with a parallel constitutionality action.
• The justices will define temporal effects through modulation, with Celso de Mello proposing minimal retroactivity limited to post-2004 facts.
• Health plan operators criticized the outcome, and insurer group CNseg warns of up to R$49 billion in potential exposure.
• The majority was consolidated on Oct. 8 when Gilmar Mendes and Cármen Lúcia joined prior votes cast since 2020.