The Court of Justice of the State of Paraná, through its 7th Civil Chamber, unanimously granted the appeal of the Brazilian College of Radiology and Diagnostic Imaging – CBR and recognized its legitimacy to file a Public Civil Action in defense of the professional prerogatives of its members, its economic interests, and the rights of consumers of radiology and diagnostic imaging services.
Public Civil Action No. 0014231-74.2024.8.16.0194 questions the application of tiered discounts on radiology and diagnostic imaging procedures performed in the same appointment, a practice that unduly reduces the remuneration of radiologists and specialized clinics.
Initially, the petition had been dismissed and the case terminated without a judgment on the merits due to the alleged lack of standing of the CBR. The TJPR (Court of Justice of Paraná) overturned the ruling and expressly recognized the thematic relevance between the institutional purposes of the College and the subject matter of the class action.
The Court highlighted that the controversy is not limited to the economic interests of doctors and clinics, as it may also have repercussions on consumers' access to diagnostic imaging services.
With this decision, the case will return to the 23rd Civil Court of the District of Curitiba, where the action should proceed regularly, including consideration of the request for urgent relief and summons of Unimed Curitiba.
The merits of the tiered discounts have not yet been judged. However, the decision represents an important institutional victory by ensuring the CBR's right to bring issues related to professional recognition, adequate remuneration for services, and consumer protection to the Judiciary through collective action.