Approximately two years have passed since publication, Mega DNU 70/2023 added new judicial setbacks this weekThis is a chapter that talks about prepaid. Federal Civil and Commercial Court No. 8 Declared unconstitutionality of Articles 267 and 269 of the Collective Decree deregulating the activities of private pharmaceutical companies. When setting quota values.
actual, DNU 70/2023signed Javier Millay Days after taking office, a statutory provision removed state control over price increases for prepaid drug companies, giving them complete freedom to set prices.
judge’s decision Marcelo Gota This is in line with other similar resolutions focused on the scope and impact on social and economic rights of the government’s massive economic deregulation mandate. For example, the Labor Branch was suspended in its entirety by the Department of Justice, even though there was no final resolution.
According to the judge: The executive branch failed to prove the existence of “necessary and exigent circumstances.” This would legitimize legislation by government ordinance. This argument has already been used in other judgments to question the mechanisms used beyond fundamental issues of process.
Gota emphasized that the government itself called an extraordinary session and submitted to parliament at the same time as the DNU a draft “Base Law” that “negates the possibility of resorting to normal legislative procedures.”
That failure too Questioning the lack of rationality in the basis of the lawalluded to a general economic crisis without linking it to the lifting of controls on the health care system. In his argument, the judge argued that deregulation is as follows:“The balance between the right to health and business profitability has shifted,” leaving users “unprotected from proliferation, abuse and unwarranted proliferation.””, according to information disclosed by the Center for Law and Society Research (CELS), the sponsor of the protection.
With the sentence, Article 5, paragraph g and article 17 of Law No. 26,682 come into force again.This will require prepaid drug companies to submit their increased payments to the Health Services Authority for Licensing and Supervision. Indeed, this judgment reestablishes the state’s authority to control the evolution of quotas and review their rationality.
Nevertheless, Because this is not a class action lawsuit, the government understands that the ruling will have limited impact on the plaintiffs’ cases. Beyond the charm of text. In May, Second Chamber of the National Federal Civil and Commercial Appellate Chamber A similar individual lawsuit also overturned the judgment of the first instance court.
The judicial resolution emphasizes that Despite their commercial nature, private healthcare companies serve important social functions And it should be governed by the following principles: Contractual integrity and consumer protection. “The right to health is closely related to the right to life”, the judge recalled, citing Article 42 of the country’s Constitution and the Consumer Protection Act.
This statement was made at the following times: Parliament is preparing to debate amendments to Law No. 26,122, which provides for legislative control of laws of necessity and urgency. The project is being promoted by opposition groups, joined by some government supporters, calling for: Limit the legislative power of the executive branch and strengthen Congressional intervention.
DNU 70/2023, one of the Liberal government’s key regulatory tools, has faced multiple judicial challenges since it was published last December. The question points out both the breadth of the subject and the lack of legitimacy of the necessity required by the Constitution.
In this case, the judges understood that the liberalization of the private health sector affected a higher class of rights, among them the right to health and life, which are protected by international treaties with constitutional status.
If the deregulation is reversed, the health department should once again impose price controls on people’s upfront payments, but the plaintiffs hope the decision will set a broad precedent for other pending cases.
This ruling thus strengthens a series of pronouncements that reaffirm the limits of the executive branch and the principle of separation of powers. At the same time, debate will resume about the actual scope of the government’s economic deregulation program and its impact on sensitive areas such as the health care system.
In the management of Mario LugonesHealth Services Inspectorate Redesigned the quota increase mechanism through resolution 645/2025 Establishment of advance tariffs Report the value of your plan monthly Within 5 days after CPI announcement.
This information, along with full details of the offer, must be uploaded to the official page where everyone can access to compare prices and services. This allows you to learn more about plan values by plan, age, and region.
The decision was made as part of a restructuring of the health system promoted by the Ministry of Health and the Inspectorate of Education to put limits on abusive increases during the first months of Javier Millei’s government. In fact, they want the update to be consistent with the development of the consumer price index.
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