Post by account_disabled on Mar 11, 2024 4:17:16 GMT -6
The Workers' Party (PT) filed a lawsuit with the Federal Supreme Court to question the resolution of the National Private Insurance Council (CNSP) which provides for the principles and general characteristics for the preparation and marketing of damage insurance contracts to cover big risks.
Fred Loureiro/Secom ES
Fred Loureiro/Secom ES PT questions CNSP resolution on major risk insurance contracts
The ADI was distributed to minister Gilmar Mendes. In the action, the party alleges that the CNSP changed cldonkeyifications and forms of interpretation of contracts, exceeding its competence to establish private insurance policy guidelines and general characteristics of insurance contracts.
It also notes that, in one of the articles, the body Portugal Mobile Number List innovated by listing the basic principles and values that should be observed by policyholders and, in another, it reduced its supervisory and regulatory powers, by eliminating the need to register contracts with the Superintendence of Private Insurance (Susep).
In the PT's donkeyessment, these topics, as they are typical of civil law and security law and because they deal with matters specific to the regulation of economic activity, require the approval of a law in the strictest sense, under the terms of articles 22 and 174 of the Federal Constitution.
Thus, there would have been a usurpation of the Union's exclusive competence to deal with the matter and a violation of the constitutional principles of the separation of Powers and the reserve of law. With information from the STF advisory
According to the rapporteur, as the contracted index is no longer suitable for determining inflation only, the purpose for which it was intended, generating contractual imbalance, it is necessary to replace the IGP-M with the IPCA, but with effects from the first readjustment of the subsequent rent. to the filing of the action, without setbacks.
"Therefore, the request is partially valid, to review the contract between the parties, with determination of application of the IPCA as a rent adjustment index, but from the base adjustment date following the filing of the action, not the previous one to her, as initially intended", concluded the judge.