FURTADO, M. Q.; http://lattes.cnpq.br/7641882530754901; FURTADO, Marcos Quintino.
Résumé:
With the increase in damage resulting from accidents, the insurance instrument
consequently emerged with the objective of reducing the financial losses incurred by
victims or third parties. Initially, it was regulated by the Commercial Code.
Subsequently, in view of the evolution suffered and the emergence of new insurance
lines, the activity started to be regulated by the Brazilian Civil Code. In view of the
great disparity of powers, in which the biggest protector in this relationship was the
supplier, the legislator started to use, for the purpose of judgment, the Consumer
Protection Code (CDC), in order to try to establish a parallel of powers between
both contractors. In this light, the present work has the general objective of analyzing
insurance contracts under the consumer nuance of CDC and excluding insurance
coverage. And as specific objectives to understand such a contract, from its creation
and evolution in Brazilian legislation to the present day, to study the risk limiting
clauses and the abusive clauses of insurance contracts in the insurance mechanism
and its legal consequences, and to identify the subjects and institutes of the CDC
that relate to the insurance industry. For that, it was used the deductive method and
the methods of historical evolutionary and legal exegetical procedure, through a
qualitative research of bibliographicdocumental nature. The importance of the topic
addressed is configured by the need to seek, study and analyze the doctrine, the
ordinary and special law applicable to the species and the most current
understanding of the Courts in the country, clarifying the theme that is so debated in
the demands filed in our country. . In view of the large number of lawsuits arising
from clauses that go beyond the right to restrict and become abusive. The use of
CDC acts directly on the supplier's responsibility to produce unambiguous and
accurate information and also to give the consumer a prior understanding of the
contractual terms, especially highlighting those clauses that may limit or restrict the
right.