STF Bars Age-Based Hikes in Pre-2004 Health Plans as Final Ruling Is Deferred

Overview

• By at least 7–2, justices voted to apply the Elderly Statute’s bar on 60+ age-band increases to contracts signed before 2004.
• Court president Luiz Edson Fachin suspended proclamation to align the Extraordinary Appeal with ADC 90 in a single plenary outcome.
• ADC 90 remains pending after a request for review by Justice Flávio Dino, which keeps the consolidated decision on hold.
• The unified ruling will set modulation of effects, potentially including orders to refund past charges tied to age-based increases.
• Insurers warn of heavy exposure, with industry group CNseg estimating up to R$49 billion in a broad application of the decision.