O cumprimento das diretivas antecipadas de vontade em contrato de seguro de vida sob a ótica da teoria dos jogos.

Abstract

The present body of work aims to discuss the right to life through the dignity of the human person, the effects of orthothanasia, as death in the proper time and its incidence in the indemnifying perception in the life insurance contract.The current legislation does not have a specific norm on the subject, but there is a consensus among health professionals to apply palliative care, as Resolution 1805/2006 was formulated by the Federal Medical Council with the purpose of legitimizing orthothanasia.This way, the objective of this body of work is to analyze from the perspective of game theory the fulfillment of the anticipated directives of will, represented by the living will and lasting mandate as a legitimate instrument, to allow indemnification in the life insurance contract to the third beneficiaries under a prism cooperative versus co-ordinate modality.To do so, it seeks to understand the legal content of the principle of autonomy of the will and autonomy of the private will against the political order, within the context of contract as an economic operation.The microeconomic perspective of the problematic presented was worked through the method of dialectical approach, in which it seeks through the contradiction in preserving the dignity of the human person, keeping sick people alive without quality of life or possibility of effective improvement in the clinical picture.In addition, it presents as method of procedure, the structuralist, and research technique, the bibliographical with the assistance of the economic analysis of the law, illustrating it through graphic schemes the theory of games in the adoption of the strategic behaviors chosen by the economic agents involved in the transaction. In the first game, it is observed the regulatory practices adopted by Susep, in an interaction between the autarchic entity and the insurers.In the second game, judicial intervention is added through an unsecured beneficiary in compliance with the general clauses, specific clauses or due to the incompleteness of the contracts.As a result, contractual enforcement, as well as maximum co-operation between insurer-insured can be fostered through institutes such as social harm and punitive damages.The prognosis is to reduce litigation, encourage accomplishment of policies, as well as out-of-court settlements regarding supervening issues, since limited rationality proves to be impossible and economically unfeasible to anticipate all future events.