Brazil: Santos Bevilaqua Newsletter – June 2019

Last Updated: 18 July 2019
Article by Santos Bevilaqua Advogados

INSURANCE AND OPEN SUPPLEMENTARY SOCIAL SECURITY

1) Federal Supreme Court - STF ADOPTS SUMMARY PROCEEDING FOR DIRECT ACTION FOR DECLARATION OF UNCONSTITUTIONALITY AGAINST LAW THAT IMPOSES OBLIGATIONS AND SANCTIONS ON INSURERS

Justice Rosa Weber, who reported the Direct Action for Declaration of Unconstitutionality (ADI) no. 6132/GO that disputes the obligations and sanctions imposed on the insurers of the state Goiás, gave opinion in favor of summary proceeding on the grounds of article 12 of Law no. 9868/1999 (Law on Direct Action for Declaration of Unconstitutionality - ADI and Declaratory Judgment Action - ADC).

According to the summary proceeding, the merits of the case are tried by the full bench of the court, which will enter a final judgment, after the information is provided, within ten days, and after the general counsel for federal government and the attorney general give their opinions, successively within five days, without previous examination of the preliminary application .

In this ADI, the National Confederation of the General Insurance, Private Social Security, Life Insurance, Supplementary Health and Capitalization Companies (CNSEG) raises objection to the constitutionality of the provisions of Law no. 20415/2019 of the state of Goiás.

This Law, among other provisions, prohibits the insurers from requiring the insureds to repair damaged vehicles at the shops authorized by the insurers, requires the insurers to provide information to the insureds through assistance centers and under an express contractual clause about their rights to freely choose the shop, and in addition, the law establishes sanctions and prohibitions for the insurers that operate in Goiás.

2) Private Insurance Superintendence - SUSEP ADMINISTRATIVE RULE No. 7371, OF 5/29/2019

Published on 5/29/2019 in the Federal Official Journal - DOU, SUSEP Administrative Rule no. 7371/2019 provides for the SUSEP Provisional Structure, stops the effects of National Council of Private Insurance - CNSP Resolution no. 346/2017 until the approval of the new Charter of SUSEP, and validates the acts performed in accordance with SUSEP Administrative Rule no. 7361/2019.

By and large, the administrative rule replicates, wholly or in part, some precepts contained in CNSP Resolution no. 346, enacted on May 2, 2017, simplifying the description of SUSEP structure.

The simplification of the technical rules that delimit the authority of the bodies that provide direct or indirect assistance to SUSEP Superintendent, the sectional bodies, the specific bodies formed by one single person, and the decentralized bodies seems intended to prepare this autonomous government agency for a future unification of the Private Insurance Superintendence (SUSEP) and the National Supplementary Social Security Superintendence (PREVIC).

In this regard, for example, when dealing with the minimum number of members of Boards, the rule delegated this decision to the Director (arts. 19, 21, 23, and 25)

The full text of the rule may be checked here.

3) Private Insurance Superintendence/Technical Board 2/Conduct Monitoring Coordination Office - SUSEP/DICON ELECTRONIC CIRCULAR LETTER No. 3, OF 5/31/2019

Published in DOU on 5/31/2019, SUSEP Electronic Circular Letter no. 3, issued by the Director of the Technical Board 1, former Conduct Monitoring Coordination Office (CGCOF), contains additional guidance on the rules set in art. 2 of SUSEP Circular no. 445/2012 for the freeze of assets of individuals and legal entities or the supervised entities.

The Letter reflects the changes arising from the enactment of Law no. 13810/2019, which provides for the procedures to be followed for those subject to immediate compliance (irrespective of local rules, in particular rules set out by SUSEP) with sanctions imposed by resolutions from the United Nations Security Council (CSNU); the sanction committees may be checked in this list.

4) DRAFT OF THE CIRCULAR SUBMITTED TO PUBLIC INQUIRY No. 03/2019 AND THE SUGGESTION AND COMMENT TABLE WERE PUBLISHED

On 6/11/2019, SUSEP Managing Board decided to submit to public inquiry the draft of the Circular on the structuring of the insurance plans with reduced term of contract and intermittent coverage; according to the notice, those interested may send, within 30 days from the date of publication, comments and suggestions via e-mail to the address made available by SUSEP, using the table posted on SUSEP page.

According to the draft, the policies, insurance certificates, endorsements, and insurance cover notices may establish an intermittent coverage, provided that the rules for interruption and restart of the period of risk coverages are unambiguously defined in the proposals, contractual conditions, certificates, endorsements or cover notices.

The application of the short-term table is prohibited. Refund of the premium and adjustment to the effectiveness, where applicable, will be calculated in proportion to the period of coverage elapsed considering the contracted period (art. 8, pars. 1 to 3).

When effective, the Circular will cause significant changes to the legal treatment of many insurance plans as it allows contracts with reduced periods of effectiveness or intermittent coverage.

This is a relevant and welcome innovation that makes the offer of new products to the consumers viable.

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