Liquidação extrajudicial das sociedades seguradoras

Abstract

Although assured everyone the free exercise of economic activity, the Federal Constitution gave the State, as agent normative and regulating economic activity, the duty to supervise it, as required by law. For this reason, there was the reception of the standards laid down in Decreto-Lei nº. 73/66 by constitutional law governed by the Constitution of 1988, which, in this context, the State imposed in the interests of policyholders and beneficiaries, the duty to control, through the organs of the Sistema Nacional de Seguros Privados, all private insurance operations conducted in the country thus randomly configured the assumptions set out in article 96 of Decreto-Lei nº. 73/66, the Superintendência de Seguros Privados – SUSEP may order the extrajudicial liquidation of the insurance company, which in themselves constitute a form of intervention in the economic domain, is scoped to preserve the safety and soundness of the financial market and capital and, in particular , the interests of creditors. Therefore, in order to achieve the goals reserved for assessment of court, the prosecutor may, without prejudice to the unavailability levied on the assets of the former directors of the insurance company, to propose , as a result of the administrative inquiry initiated by the Superintendência de Seguros Privados – SUSEP preciput in order to ascertain the causes of the extrajudicial liquidation, but also the responsibility of the former directors and/or controlling its injunction of seizure, which, if granted , will provide the deposit of the goods in the hands of liquidator. So thereafter, once implemented its injunction of seizure, shall be submitted due tort action, in reliance on liability, but with reversal of burden of evidence, ex- managers, or even the strict liability of controllers. Finally, if the assets of the insurance company is not sufficient to repay at least half of unsecured claims, or even if there is evidence of bankruptcy crimes, the Superintendência de Seguros Privados – SUSEP, in view of the final report of the liquidator may authorize the declaration of bankruptcy of the insurance company.