A natureza jurídica e a constitucionalidade do seguro DPVAT

Abstract

The scope of the study is to analyze the constitutionality and legality of Insurance Mandatory for Personal Injury caused by Motor Vehicles on Land Roads (DPVAT), taking into account the various discussions on the management of premiums earned which was being done by a pool of private insurers, that is, the National Council of Private Insurance, through its Resolution No. 154 of 12/08/2006, which determined the constitution of two specific Consortiums to be managed by an insurance company specialized, as a leader. To meet this requirement, the Leader Insurance Company of the DPVAT Insurance Consortium S.A., or simply Insurance Company Leader-DPVAT, through Ordinance No. 2,797/07, published on 12/07/2007, so that DPVAT management is carried out through a mechanism that operates according to a regime monopoly, with no freedom of choice for vehicle owners motor vehicles, who, therefore, must take out insurance with this consortium. In this study, we will seek to analyze especially the incidence of the principle autonomy of will and the foundations of civil liability in Insurance DPVAT. Furthermore, there are discussions about the way DPVAT is managed and the distribution of resources collected by Seguradora Líder, which was responsible for insurance administration in the country. Some argue that the distribution of resources to public and private entities have no plausible justification and that the administration of insurance should be more transparent and efficient. This study will address this issue limited to an analysis only on a theoretical level, but, above all, its effects and its application in practical life.