TJ-SP prohibits Unimed from charging loan quotas from former members

nila44

Doctors who are former members of Unimed Paulistana must not pay for loan installments made by the entity and have the right to collect compensation. This understanding has been reaffirmed by the Court. Judge Sergio Gomes, from the São Paulo Court of Justice, made a new decision in this regard.


The cases come to court due to charges made by the credit and investment cooperative Sicoob, which maintained a close relationship with the extinct Unimed Paulistana. The credit sector B2B Lead company continued to demand payment of amounts due to membership of the extinct cooperative, in addition to corrections, interest and other bank charges.

However, the Court has decided that the charge is undue, as the doctors were only seeking to join Unimed and not take out bank loans. Thus, they were led astray through a legal transaction that was “dubious to say the least”.

“Recognizing that the contractual object was distorted, followed by the unpredictable liquidation of Unimed Paulistana, as well as that no economic benefit relating to the alleged loan was ever returned to the appellant, the decree of unenforceability of any debt owed to the appellee is strictly necessary. This premise also leads to the conclusion that the discrediting remarks made about the appellant’s name are unlawful,” said judge Sergio Gomes.



Illegal relationship
According to Fernando Bianchi , partner at Miglioli e Bianchi Advogados and member of the Health Plans and Medical Law Committees of the OAB/SP, doctors who are victims of this situation must seek their rights.

“There is no direct legal relationship between doctors and the aforementioned institution that can be admitted as lawful. In addition to the doctors' willlessness in joining, this relationship with Sicoob did not bring any benefit to former members. And it constitutes a related and abusive operation”, he warns.