Benefit of debt forgiveness under the Brazilian Army Health Fund – FUSEx for beneficiary who proves economic incapacity

Abstract

This research, of exploratory nature and with the aid of bibliographic survey, aims to demonstrate the existence and application of the debt forgiveness benefit from the Brazilian Army Health Fund to direct beneficiaries who demonstrate their inability to pay it without prejudice to their own support or that of their families, guaranteeing an existential minimum and giving prestige the new social protection policies for the military. To this end, the origin and systematics of the Army Health System were verified, as well as the source of funding for that system. Ahead, the possibility of applying the Consumer Protection Code to regulate the relationship between the Brazilian Army Health Fund and its beneficiaries was discussed, with regard to the granting of benefits disclosed by the official Army systems. On another point, leaving on the administrative side, there was an omission in the duty to regulate a factual situation, giving prestige to the new social protection policy of the military, especially the engaged temporary workers. Finally, the origin of the proposed right was verified, as well as the concession criteria, pointing out as a necessity that the burden of proving the economic incapacity be distributed to the beneficiary of the benefit, so that it should be analyzed in the specific case, taking into consideration the entire economic- social and family structure of the beneficiary military.