Da boa-fé objetiva nos contratos de seguro: uma análise da distribuição dos deveres das partes por meio do instrumento contratual

• Ano de defesa: 2021
• Autor(a) principal: Gusso, Darius Vinicius de Araujo
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Positivo; Brasil; Direito; PPG1; UP
• Palavras-chave em Português: Seguro; Contrato; Instrumento contratual; Boa-fé objetiva; Objeto técnico; Contrato como coisa; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.cruzeirodosul.edu.br/handle/123456789/3984

This study intends to analyse the contractual instruments that constitute the insurance legal business, having as main parameter the objective good faith, and the fulfillment of the rights and duties arising from it. Such analysis will have as perspective the metaphor of the contract as a technical artifact (or the contract as a thing, a product), that is, as a technical object, artificially produced by human hands, and where issues such as ethics and politics, culture, aesthetics are inserted. , social context and human production. The text on paper not only expresses the legal business and externalizes it, but also integrates it, fulfilling a function as a whole, while fulfilling a function as a whole, when considering the other elements of the technical object, according to ideas presented by Gilbert Simondon. Thus, an empirical, qualitative analysis was carried out of the contractual instruments that represent real legal insurance business, all of them in court, signed by the ten largest insurance companies in Brazil, according to their revenue indicators (issued premiums). All are personal insurance contracts, with life and physical safety coverage for the insured, despite being administratively classified in a variety of ways. Such empirical analysis ended up presenting a range of documents that, both aesthetically and textually, is unable to didacticly translate the complexity of the legal business being established, on the contrary, precisely because of such aesthetics and text adopted in a practically analogous way by all insurance companies, included in the contracting even more complexity, which only has the effect of harming both parties to the contract. It was observed that, despite the insurer having practically complete control of the production of the contract (although such production is regulated and supervised by the sector's regulatory body), the strategies adopted by each one were very similar, leading to the production of a set of documents that do not contain efficient mechanisms to contain opportunism, risk aversion, imperfect information, leaving only objective good faith to do so. It was also observed that, even in the small scope allowed to insurers by the infra-legal rules and regulations to which they are subject, it is still possible to construct accurate and effective contracts, both from a business and legal point of view. Keywords: insurance – contract – contractual instrument – objective good faith – technical object – contract as a thing – contract as a social artifact - product.